Effective on September 1, 2021, the Texas Family Code has a new statute that requires the department (aka, "CPS") to give a preference to certain persons when making a placement decision for a child. Here it is:
Now, this isn't exactly "new". The fact that it is now in the Texas Family Code is new; however, this prioritization list is the method that CPS has been operating off of for years. CPS has their own policies that they must follow in addition the statutes in the Texas Family Code. CPS has always prioritized placements in this regard. Still, there is a bit of ambiguity here (just like ...
An ICPC Home Study gets its name from the Interstate Compact on the Placement of Children (ICPC), which has been adopted by the State of Texas. The ICPC governs how, when, and why a child may be placed across state lines. An ICPC Home Study is an assessment of the home of a prospective placement for the purposes of placing a child across state lines.
In the context of a CPS suit, an ICPC Home Study typically occurs when Texas identifies a family member that lives in another state and would like to have the child placed with them. The ICPC Home Study process is designed to be quick (less than 60 days ...
No, the previous parents cannot get a child back after an adoption is complete. Adoption is a legal process by which the parent-child relationship is permanently formed. Before a child is eligible to be adopted, the parental rights of the former parent must be terminated, or the former parent must be deceased.
The adoptive parent takes on all of the rights and duties of being the parent. So, once the adoption is complete, the adoptive parent can even have his/her name added to the child's birth certificate. This cannot be undone, and the former parents can not get the child back.
If you are going through a divorce or custody dispute in Texas, you will hear the term "best interest". These two words have a lot of meaning. The Texas Family Code states that "the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child."
In 1976, the Texas Supreme Court defined "best interest" in a well known case called Holley v. Adams. The Court made a non-exhaustive list of factors that trial courts should consider when determining what is in a child's best interest. they are:
Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.
- Foster Parents may Intervene Prior to Twelve Months Under Certain Circumstances
- New Changes to CPS Statutes Effective 09/01/2021: Prioritization of Placement Decisions
- New Change to Child Support Effective 09/01/2021: Reduction in Support Requirements for Low-Income Earners
- What is a common law marriage in Texas?
- Can I be ordered to pay my spouse alimony (spousal maintenance)?
- Is my premarital agreement enforceable?
- What are "Initial Disclosures"?
- Should my spouse and I use the same lawyer for our divorce?
- What is Collaborative Family Law?
- Who has more power over a CPS case: The judge or CPS?