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Information for Parents [Video]

Child Protective Services (CPS)

Parents have a fundamental right—meaning, it is protected by the U.S. Constitution—to raise their children and make decisions about what is in their child’s best interest.

If a parent is “fit”meaning they are safe, protective, and meeting their child’s basic needsit will be hard for a non-parent or CPS to convince a court to take away or limit that parent’s rights.   

But, if a parent is unfitfor example, if they’re putting the child in danger, not meeting the child’s needs, or have abandoned the childthen CPS might investigate them, or someone who wants custody of their child might file a conservatorship case against them. 

What can you do if someone isn’t letting you see your child or make decisions about your child?

  1. Get a conservatorship order. If there is no court order for the child, the other parent doesn’t have to let you see your child or be involved in making decisions about your child. Getting an order will set up clear rules that each parent is supposed to follow.   

  2. Enforcement. If you already have specific court ordered rights - such as certain weekends you are allowed to spend with your child - and the other parent or conservator is refusing to follow the rules, you may be able to file an enforcement case against them.   

  3. Writ of Habeas Corpus. If someone is keeping your child away from you, and a court has not given them the right to do that, you may be able to ask the court to return the child to you with a Writ of Habeas Corpus. 

If you have questions about parents' rights in Texas, you can call the Family Helpline at 844-888-6565 to speak to an attorney. Or chat with us: Ask a Question.  

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