Under certain circumstances, a foster parent may intervene in a CPS case before twelve months. The statutory and case law provisions that govern a foster parent’s ability to intervene in ongoing CPS litigation are complicated. There are many misconceptions about this based upon lawyers and non-lawyers alike oversimplifying the statutory provisions.
In some circumstances, the foster parents know the child better than anyone else, and the foster parent’s intervention in the CPS case is necessary in order for the court to hear all of the facts and be able to determine what is in the ...
Intervening in CPS lawsuits is complicated. There are many scenarios and situations in which a relative or a foster parent may intervene in a CPS lawsuit—regardless of whether or not you have possession of the child.
Interventions are extremely dependent upon the facts and circumstances of a particular case. This is because of the complex nature of determining what is in the “best interest” of a child. Often times, the relatives or foster parents know the child better than anyone else, including the biological parents. Other times, the other parties in the courtroom do not have ...
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:
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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.