CPS Investigations: What Parents Need to Know to Protect Their Rights
Parental rights are among the most significant legal interests a person can have. In Texas, family law gives parents certain rights and duties regarding their children, but those rights aren’t absolute. Courts, attorneys, and state agencies all play a role in shaping what those rights look like in your favor.
For parents in the Dallas-Fort Worth, Texas area, it's important to understand how the law defines these rights, how they can be preserved, and what steps may be necessary when disputes arise. Do not be discouraged, you have options, and our team will gladly explore them.
At Garcia & Ramires, PLLC, we have the knowledge and experience to fight for you and your child/children every step of the way.
Parental Rights in Texas
In Texas, parental rights include both rights and duties. These are described in the Texas Family Code and cover a range of decisions and responsibilities. Parents have the right to make decisions about their children's education, medical care, and religious upbringing. They also have duties to support their child financially, provide for their emotional needs, and protect them.
These rights apply to both parents equally unless a court decides otherwise. Whether the parents are married, divorced, or were never in a relationship, the law starts with the presumption that both should be involved in their child’s life. However, disagreements, changes in circumstances, or allegations of misconduct can lead to court involvement and changes.
What Conservatorship Means
In Texas family law, custody is known as conservatorship. There are two types: managing conservatorship and possessory conservatorship. Most parents are appointed joint managing conservators, meaning they share in the rights and duties. However, this doesn’t mean equal time or decision-making authority in every case.
A parent with sole managing conservatorship may have exclusive rights over key decisions like education or medical treatment. Courts may award this when there’s a history of family violence, neglect, or other serious concerns. Possessory conservators typically have the right to spend time with the child but may have fewer rights regarding major decisions.r.
Modifying Rights
Family law courts have broad discretion in modifying parenting arrangements. If a parent files a modification suit, the court will evaluate whether there’s been a material and substantial change in circumstances. This might include a new job, a move, remarriage, or allegations of abuse.
If the court finds that a change would benefit the child, it may revise conservatorship or possession schedules. Parents who want to avoid unwanted changes need to be proactive. That includes staying involved in the child’s daily life, complying with current orders, and documenting interactions that may support their position if litigation becomes necessary.
When Parental Rights Can Be Terminated
Terminating parental rights is the most serious action a court can take. This doesn’t just change the parenting plan—it ends the legal relationship between a parent and child. Termination can occur voluntarily or involuntarily.
Voluntary termination is often part of an adoption case. In these situations, a parent may relinquish their rights to allow a stepparent or relative to adopt the child. Involuntary termination is more serious and may follow allegations of abuse, neglect, substance abuse, or abandonment.
The Texas Department of Family and Protective Services (DFPS) may initiate these proceedings. Parents should take any contact from DFPS seriously. Court hearings involving DFPS can result in temporary or permanent changes, and parents have the right to contest allegations, present evidence, and request legal counsel.
Protecting Your Rights During Divorce
Divorce brings unique challenges for parents. Even when both spouses want to cooperate, emotions can run high. Decisions about conservatorship, child support, and visitation must be made, either by agreement or through court intervention.
When a couple agrees on parenting arrangements, the court will usually approve them, provided they align with the child's best interest. However, when disputes arise, each parent must be prepared to present a clear case for why their proposed plan supports the child’s wellbeing.
In these cases, parents should focus on the following:
Keeping accurate records of their involvement with the child.
Demonstrating consistency in caregiving responsibilities.
Maintaining communication that reflects concern for the child's stability.
Judges look for signs that a parent can support the child emotionally, physically, and financially. Cooperation, even during conflict, is often viewed favorably by the court.
Key Legal Tools Parents Should Know About
Parents in Texas may encounter several legal tools when dealing with family law matters. Understanding what these are and how they work can help avoid confusion and protect your rights.
Here are a few important ones:
Temporary orders: These may be issued early in a case to establish parenting time, child support, and other rules while the case is pending.
Protective orders: These are issued when there are allegations of abuse or threats. They can limit or restrict contact between parties.
Child support orders: These determine how much financial support one parent must provide. The state uses a formula, but courts can adjust the amount if circumstances justify it.
Mediation agreements: Parents can resolve disputes through mediation rather than trial. These agreements are often binding once signed and filed with the court.
Each of these legal tools can significantly affect your role as a parent. Failing to understand them or respond correctly can result in unintended consequences.
Dealing With Allegations That Threaten Your Rights
False or exaggerated allegations can jeopardize your parental rights. In family law, courts must take all claims seriously, especially those involving child safety. If you’re accused of abuse, neglect, or interference with visitation, it's essential to respond strategically.
Parents facing allegations should:
Gather and preserve any relevant evidence, such as messages, recordings, or witness accounts.
Avoid contact with the other party if advised by counsel or court.
Follow all court orders, even if you disagree with them.
Responding with hostility or failing to take the process seriously can harm your credibility. While it’s natural to feel defensive, the court looks at behavior, not just words. Composure, documentation, and legal guidance can make a major difference in how your case is viewed.
Co-Parenting Agreements and Communication Tools
Texas courts encourage both parents to stay involved in their child’s life when possible. One way to do this is through co-parenting agreements. These aren’t just about dividing time—they can help organize how parents communicate, handle disputes, and make decisions together.
Parents may use communication platforms like OurFamilyWizard or TalkingParents. These tools provide a written record of exchanges and help reduce conflict. Courts often look favorably on parents who try to communicate respectfully and work through disagreements.
A well-written parenting plan should address:
Decision-making authority (education, health, religion)
Holiday and vacation schedules
Transportation arrangements
Rules for introducing new partners
These details can prevent misunderstandings and reduce the chance of future legal disputes.
The Impact of Child Support
Child support isn’t optional, and courts rarely allow parents to waive it. The Texas Family Code uses a formula based on the paying parent’s income and the number of children involved. Support typically continues until the child turns 18 or graduates from high school, whichever comes later.
Non-payment can lead to serious consequences, including wage garnishment, license suspension, and even jail time. If you're ordered to pay, it's important to keep records and make payments on time. If you’re receiving support and not getting payments, Garcia & Ramires, PLLC, will gladly assist.
Relocation and Long-Distance Parenting
Parents with joint conservatorship often face restrictions on moving. In most cases, court orders limit where the child can live, often to the county or a nearby area. Moving outside this zone usually requires permission from the court or the other parent.
Relocation disputes can be tough. One parent may see a move as a positive step, while the other may view it as harmful to their relationship with the child. Courts analyze these situations carefully, looking at factors like:
The reason for the move (job, family, safety)
The child’s relationship with both parents
Educational opportunities at the new location
Travel arrangements for parenting time
If you’re considering a move or opposing one, it’s important to act quickly. Waiting until after the move can lead to legal penalties and loss of parenting time.
How Grandparents and Relatives Can Be Involved
Parents aren’t the only ones with interests in a child’s wellbeing. In some cases, grandparents or other relatives seek visitation or custody. Texas allows this under limited circumstances, especially when the parent-child relationship is disrupted.
To ask for custody or visitation, a non-parent must usually prove that the child’s current situation is harmful or unstable. Courts are cautious about stepping between a child and their parents, but they may do so when the facts support it.
Reach Out Today
If the Texas Department of Family and Protective Services contacts you, take it seriously. A CPS investigation can affect your parental rights, even if no wrongdoing occurred. Reach out to our experienced family law attorney at Garcia & Ramires, PLLC, today. We serve families throughout the Greater Dallas-Fort Worth area, including Dallas, Tarrant, Ellis, Johnson, Rockwall, Collin County, and Denton County. Contact us today.
