Child Abuse


CPS Child interview
A divorce can get complicated when there are children involved. As the State of Texas will always reiterate, the safety of the children is their primary concern. In many CPS cases, the CPS (Child Protection Service) will, specifically, want to interview you or your children.  This may cause some concern on your part. However, lawyers would recommend you to be calm as they share the nature and purpose of these interviews.  Are all children required? The CPS will conduct an interview with any child old enough or capable enough to communicate and express his thoughts. This is necessary especially if there is even just a hint or allegation of abuse or neglect.  Where will the interview be conducted? The venue of the interview can be any place where the child would be able to comfortably express themselves. The CPS would ask permission to conduct it in your house. If you refuse, they can have an interview at their office or the child’s school. The key element is that the investigator will talk to the child in private. This means even you, the parent, would not be privy to the conversation. What exactly is a CPS investigator interested in? In essence, the CPS investigator would want to find out if the welfare of the child is compromised. Once there was an incident, they can confirm whether the alleged incident actually took place. If it didn’t, they might ask the child what actually happened.  When there are no specific incidents and allegations, the investigation could begin with the general feeling of the child. Does the child feel safe and secure? The investigator would then probe the reasons behind the child’s “yes” or “no” response. It would then expand on whether they believe that their parent/guardian or parent’s new partner would be capable […]

Handling a CPS Interview with your Child


false abuse allegation
Divorces can be a very difficult ordeal to go through. So much so that sometimes emotions can run high and cause people to make very rash decisions and act without thinking. And though some divorces can just end up with the two parties having a shouting match, sometimes it can get even worse and to the point that words just get thrown around loosely. Sometimes it can even be a false allegation, such as that of abuse. So, what happens when your ex throws a false abuse allegation at you? What It Can Do Any false allegation anyone throws at you can definitely do some damage. Whether it be your reputation or the way people see you, it definitely has an effect. In a divorce court, a false abuse allegation can get you in worse trouble. Because it is a divorce court, any and all allegations are taken into consideration. Whether the allegation is true or not, it will have some bearing on how your divorce will go. Any allegation of abuse can turn the tide of your divorce into your ex’s favor. It can also cause you some trouble when it comes to the custody of your children. It can even end up with you getting a restraining order of sorts, which can make going about your divorce even more difficult. Whether or not it is true, these things can happen once an allegation has been made. What You Can Do If ever your ex does falsely accuse you of abuse, you don’t need to panic. Even though it may seem like it’ll make things more difficult for you, there is still a way for you to help clear things out. All this lies in how you go about your defense towards such claims. Getting a very skilled lawyer […]

The Impact of False Abuse Allegations



CPS
When there is an instance of divorce, the big task is to determine who should be the custodian of the child. The court is faced with a crucial decision and every factor should be considered. In certain situations, the Child Protective Services are needed to ensure that the child will not be placed in a home where there are tendencies of abuse or neglect. The reason for the divorce could be a basis for CPS investigation. If one of the ex-spouses filed a divorce on the basis of abuse in any form, it is a logical precautionary measure to investigate the spouse in question. In other cases, the Child Protective Services carry out an inspection when there is a report, confidential or otherwise.  The Interview An integral part of a CPS investigation is the interview. Unless your child is too young or unable to communicate, they will interview your child. This interview may be conducted in you or your ex-spouse’s home, the CPS office or your child’s school or daycare facility.  It should be noted that the CPS officers and staff are not empowered to enter your home without your permission unless they are accompanied by a police officer and they are in possession of a court order.  Home Inspection A home inspection is also part of the CPS process to make its recommendation. In the same manner, like the interview, the CPS also cannot conduct their inspection unless you give them permission. However, if you refuse them, the CPS can also note that you have not cooperated, and this could result in an adverse impression. The CPS home inspection officers are looking for signs of possible abuse and neglect, also whether the home presents a safe environment for a child to grow. In this case, it is recommended to […]

What You Need to Know About A Child Protective Services Investigation


emotional blackmail
After divorce, your relationship with your ex-spouse will still continue if you have children to co-parent. It should always be a shared responsibility. Divorce only cuts the ties between you and your spouse, not between you and your children. It may seem simple enough, but there could be complications arising from the behavior or condition of your co-parent. What are your options if your co-parent has abusive tendencies? Abuse towards the Child If your ex-spouse committed abuse towards your children, he/she should not only be prevented from seeing your children but actually be arrested and jailed. Texas Law is very strict with child abuse. However, there are strict measures that can be taken to ensure this.  If the parent has abusive tendencies, the judge may consider this a factor to restrict custody and limit visitation rights.  Also, the restriction does not only apply to the co-parent. It also applies to other members of the co-parent’s household (example: the new partner). They can also be restricted if seen as a threat to the child’s welfare.  Domestic Violence When your ex-spouse has a history, there is a strong tendency that he/she could also abuse the child. If the spouse is abused, there is a possibility that the child is also abused.  Any suspicion of abuse or manifestation of violent tendencies should be reported as soon as possible. The court takes accusations seriously.  The Texas courts will uphold the relationship of the child to its parent. They would not restrict possession or visitation of the child unless it is proven harmful to the child. If your ex-spouse has tendencies, you can petition the court. Protection for the Co-Parent The law will not only protect the child but also you as the ex-spouse. It is highly possible that your co-parent will resist any order. […]

Coping with an Abusive Co-Parent



child sex abuse
Things that have to do with any kind of abuse are hard to deal with, most especially sexual abuse. Things only get harder if you find out that the abuser is your spouse and that the victim is your child. But as much as it might sound like a situation that’s hard to accept, these things do happen. And if you happen to find out that your spouse happens to be one of those people, thinking of a course of action might just be difficult for you and your child. If you do find yourself in this situation and want to learn more about what you can do, read on. Focus on Your Child With so much going on in a situation like this, the first thing that you’re going to have to focus on would be on your child. You’re going to have to start taking steps to help make sure that you get your child out of situations that might put them in danger. Whether it be taking your child out of your home first and moving them to a relative’s home or keeping constant watch over your child, you’re going to have to make sure that they feel safe, especially around you. You should also talk to them and find out how you can help them through it. Consider their feelings and help them know that what they feel is valid. If you need help with that, maybe have a therapist talk to them to help them process their thoughts and emotions. File a Case Immediately In the United States, all states, such as the state of Texas, recognize that sexual abuse is a crime. If you find out that your spouse has been sexually abusing your child, you will have to report it as soon as […]

Discovering Your Child Suffered Sex Abuse from Your Spouse


alcohol abuse divorce
There are many factors that would cover a valid excuse to enter into a divorce. One of the most common issues is alcoholism. In any relationship, even if it is not romantic, when alcohol abuse comes into play, it will really lead to many other detrimental concerns. Alcoholism: A common cause for Divorce Many of the lawyers specializing in Divorce acknowledge that when one of the spouses have the tendency to succumb into alcohol addiction, the other spouse is the one who seeks help to end the marriage. This is mostly done because the other spouse is also after the protection of his or her life, and the lives of the children involved in the family. When a family gets into this kind of issue, there are several notable instances that the abusive spouse might get violent in the process. It is most important to always be cautious of the environment, and to get a good lawyer who is experienced so that the lives of the other members of the family are protected as much as possible. When substance or alcohol abuse is involved in the case, the court delves deeper into the details into the whole issue and makes a constant effort to arrive at the best resolution. No-Fault Divorce in Texas In the state of Texas, the law acknowledges no-fault divorce. This means that a couple can file a divorce even without any fault from any of the spouses. But even though this is strongly supported by the court, it is also highly recommended by lawyers that the spouse who was a victim of the abuser should file the divorce on the count of physical abuse, emotional abuse, or cruelty. These may also be considered as valid grounds especially when the spouse is an alcohol abuser. Custody of the […]

My Spouse is an Alcoholic, What Now?



child discipline
How you choose to raise your child will have a big impact on the kind of person they’ll become as they grow up. That is why you need to be careful with how you choose to act towards them, especially during the years leading up to their adolescence. The way you discipline them is especially important because this can either help mold them into better or worse people, believe it or not. That’s why you need to know how to discipline them properly. What TexProtects Says TexProtects, an organization in Texas focused on the protection of children, believes that any verbal or physical punishments that may cause a child trauma has no place in disciplining a child. Contrary to what some people may think, any harmful verbal or physical disciplinary action is done on a child does more harm than good. A continuously growing body of knowledge backs this up. Doing anything that may cause your childhood trauma when disciplining them will only affect them negatively as they continue to grow. Talk to Your Children The best way to discipline your children is to talk to them about what is wrong and what is right. You may think that they might not understand you because they are still children, but they will if you really just try to talk to them about it. Hurting your child because they did something wrong won’t make much sense to them compared to reprimanding your child by telling them what they did wrong and why it was wrong. Make them know that behavior like that won’t be tolerated and will merit punishment. Be Firm, But Reasonable When it comes to punishments, make sure that what they get is proportionate to what they did. Of course, any verbal or physically harmful consequences are out of […]

How to Properly Discipline a Child According to TexProtects


parental rights termination
Divorce hearings are complicated. Exchanges can lead to some unpleasant revelations. Some divorces, however, arise from a mutual agreement that the marriage is not working out. These cases are usually concerned with ironing out details.  However, there are cases where one party hurls a serious accusation towards the other party. These cases can lead to serious disputes with tough consequences like the termination of parental rights.  Negligence or Abandonment The main cause of terminating parental rights fall under the category of neglect and abandonment. The court has to find clear and compelling evidence that the parent in question has voluntarily abandoned the child.  There are conditions governing this situation. If the parent left the child without intent to return, the court will terminate parental rights. The same will apply if the parent left the child for 3 months without child support. However, If the child is left to the other parent, there is no negligence or abandonment. The rule only applies if the child is left with someone other than a parent. The court could also take action if the parent leaves the child in danger. This would lead the court to question the parent’s judgment. Abuse or Criminal Behavior The following crimes lead to the termination of parental rights: Serious Injury inflicted on a Minor Manslaughter Murder Assault, Physical or Sexual Indecency with a Child Trafficking or Prostitution Promoting or Possessing Child Pornography Inadequate Evidence The state of Texas respects the parental rights of the child and this is why they have to establish the parameters of terminating these rights.  There are many cases wherein termination is being petitioned due to failure to provide child support. The court does not consider this in itself as a reason unless it is under the prevailing conditions stated above.  The court requires evidence […]

Terminating Parental Rights in Texas