Waco Adversary Hearing Lawyers
Protecting Your Rights in CPS Hearing Cases
If your child(ren) have been removed from your custody after a CPS investigation, the next step is an Adversary Hearing which is conducted to determine the final outcome of your case. As a parent, you have the right to representation by an attorney and, if you are unable to afford one, you have the right to a court-appointed attorney after filing an affidavit that shows you are indigent. This hearing must be held within 14 days after your child(ren) have been removed.
If you are facing such a hearing, you can depend on the commitment and experience of our Waco attorneys in fully representing you to oppose the actions of CPS. At Hutson & Harris, we will aggressively defend your parental rights and the best interests of your child(ren) under Texas policy and law. Those laws are based on the belief that children do best by remaining with their parents and the family unit unless real and compelling evidence proves otherwise. Our firm has helped many parents who have been falsely accused of child abuse and/or neglect by building sound defense cases on their behalf.
If you are facing an Adversary Hearing concerning the custody of your child(ren), call Hutson & Harris at (254) 735-1933 or contact us online for a free consultation.
Adversary Hearings in Texas
The purpose of an Adversary Hearing is to decide the fate of your parental rights to your child(ren). Both you and the CPS caseworker must attend. The Hearing allows CPS to request that a child remain in protective custody until you can show that you are able to provide positive care and no longer put your child’s safety at risk. The burden of proof is on the CPS to demonstrate that a continuing safety risk exists for your child(ren) if they are returned to your care.
CPS can use evidence, including witness testimony, that shows that their assertions are true. You also can provide your own evidence as to the contrary. According to Texas law, the court must return your child(ren) to you unless sufficient evidence proves that, by doing so, your child(ren) would be at risk of danger. The CPS must also show that reasonable efforts took place that would enable the child(ren) to be restored to their home but that a “substantial” risk remained of endangering them by doing so.
To ensure that you have the best chance of retaining custody of your child(ren), it is vital that you collect documentation of all your interactions with the CPS during investigations, including recorded documentation of all conversations. Recording all interactions is allowable under Texas law and can provide proof of unreasonable behavior or demands by CPS in dealing with your case. CPS caseworkers are known for using scare tactics to intimidate parents and violate their rights during their investigations.
Call Our Firm Today
It is crucial that you have the representation of an attorney at these Hearings to ensure that your case is presented in the most compelling and thorough manner. Our Waco Adversary Hearing attorneys can provide the experienced counsel you need in this endeavor. We will work tirelessly to protect your parental rights so that your children can be restored you as soon as possible.
Put an experienced attorney in your corner at CPS Adversary Hearings. Contact Hutson & Harris online or at (254) 735-1933 today.
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