In Texas, family members have the right to petition the court if a minor child is at risk. These conditions could include physical or sexual abuse, or a history of neglect based on an addiction to controlled substances or alcoholism. family law lawyers in Rockwall TX help these individuals acquire custody and protect the child from harm.
Reporting Abuse or Neglect Allegations
The first step to achieve child custody is to report these allegations to child protective services. Once the report is filed, a social worker removes the child from the home temporarily. The social worker visits the home of the parent to determine if there is clear evidence of these allegations.
Acquiring Temporary Custody
The findings during the social worker’s visit will determine if the family member should acquire temporary custody of the child. If any risks are present at the time of the visit, the social worker reports them to the court. A private hearing is held, and the judge grants temporary custody. This ruling gives the biological parent up to one year to remedy the conditions discovered by the court.
Launching an Investigation
In preparation for the formal hearing, the court assigns a social worker to visit the home of the parent and the temporary guardian. They evaluate the conditions of both properties and their impact on the child. Even with temporary custody, the current guardian must arrange visitation for the child with their biological parent.
The Formal Hearing
During the formal hearing, the judge reviews the findings of all reports made by the social worker. They evaluate the biological parent and their progress on remedying the risks discovered. If the court rules that the parent hasn’t made any progress, custody will be awarded to the new guardian. In severe cases, the petitioner could have the biological parent’s rights terminated.
In Texas, family members may step in and protect children from abuse. These opportunities allow them to report these allegations to the court and seek custody. Individuals who wish to protect a minor child should contact family law lawyers in Rockwall TX through the Law Office of Jack Robinson, or browse the website for further details today.
