When Child Protective Services (CPS) becomes involved in your family, it can have serious consequences for your relationship with your children and your future. A CPS investigation may affect custody rights, visitation, and family stability. If you’re facing a CPS case in Austin or Travis County, you need an experienced Austin child protective services attorney who understands how the system works and can protect your parental rights.
Smith & Bledsoe Family Law has represented parents in CPS investigations, hearings, and appeals for many years. Our attorneys work to defend your rights at every stage of the process, from the initial inquiry through administrative reviews and court hearings. When your family’s future is uncertain, having the right legal advocate can make a difference.
Why Choose Smith & Bledsoe Family Law for Your CPS Defense
When you’re dealing with a CPS matter, you need an attorney who has real experience in family law and understands how CPS operates in Texas. Smith & Bledsoe Family Law brings substantial experience to CPS defense cases in the Austin area.
Managing Partner Christian Smith leads our CPS defense efforts and has been recognized as a Texas Super Lawyers Rising Star in 2023 and 2024, an Austin Monthly Top Attorney in 2023, and a National Association of Family Law Attorneys Top 10 Under 40 honoree in 2019. Our firm maintains a 5.0 rating on Avvo with numerous client reviews, reflecting our dedication to client service and results.
Our attorneys have extensive backgrounds in family law litigation. Partner and Trial Attorney Brandon Bledsoe has more than 16 years of experience in family law and courtroom advocacy. Lead Litigation Attorney Michael “Em” Araj was recognized as a 2024 Super Lawyers Rising Star and has over a decade of experience handling high-asset divorce and custody disputes. Attorney Nikki Chapa provides determined advocacy in family law cases. Together, our team understands how CPS cases proceed in Travis County and throughout Central Texas.
What sets Smith & Bledsoe Family Law apart is our willingness to take on challenging CPS matters that require thorough preparation and advocacy. We are familiar with the judges, court procedures, and investigative processes in the area, and we work tirelessly to protect parents’ rights. Our commitment to parental rights defense means we treat every case with the urgency and attention it deserves.
Understanding CPS Investigations in Texas
A CPS case usually begins after someone reports suspected abuse or neglect to the Texas Department of Family and Protective Services (DFPS). Reports can come from teachers, doctors, neighbors, or family members. Some are based on legitimate concern; others arise from misunderstandings or custody disputes. Understanding the Texas Family Code that governs these investigations is critical to your defense.
CPS reviews each report to determine whether it meets the legal definition of abuse or neglect under Texas law. If a report is screened in, an investigator will be assigned and may contact your family without prior notice. The investigation process can be stressful, which is why having an experienced CPS defense attorney by your side from the beginning is essential.
The CPS Investigation Process and Your Rights
When CPS opens an investigation, an investigator will attempt to contact you and your children. Parents have specific rights during this process, including:
- The right to refuse entry into your home without a warrant or court order.
- The right to speak with an attorney before answering questions.
- The right to know what allegations have been made.
- The right to present your side of the story.
An investigator might encourage cooperation, but statements can later be used in the case record. For that reason, consulting an attorney early often helps protect your interests. Understanding your parental rights during investigations can significantly impact the outcome of your case.
An investigation typically lasts about 30 to 60 days. CPS interviews family members, teachers, doctors, or others and reviews records relevant to the child’s well‑being. The result may be a finding of “substantiated,” “unsubstantiated,” or “inconclusive.” If CPS substantiates a claim, the parent’s name may be listed on a CPS registry, potentially affecting employment or fostering opportunities. In urgent situations, CPS can seek temporary removal of children if it believes the child is in immediate danger. When children are removed, understanding your rights regarding child custody and reunification becomes paramount.
How Smith & Bledsoe Family Law Defends Your Parental Rights
Smith & Bledsoe Family Law represents parents at every stage of a CPS case. Our attorneys get involved as soon as we are contacted, ensuring your rights are protected from day one.
During the investigation, we advise clients on their rights, accompany them in interviews when appropriate, and help organize evidence that supports their position. We communicate with CPS investigators and work to present information accurately and effectively. Our team’s experience with family law matters in Travis County means we know the local system inside and out.
If CPS removes children from the home, we file appropriate motions and request expedited hearings to work toward reunification. We act quickly to address the situation and advocate for the child’s safe return. Our approach to parental rights defense allows the opportunity for every parent to receive comprehensive representation. We understand the emotional toll of child custody disputes and work diligently to reunite families.
When CPS substantiates a claim, we can request an administrative review to challenge the findings. We prepare evidence, cross-examine witnesses, and work with qualified professionals who can assist in presenting the facts. Our attorneys have handled numerous order modification cases and understand how to navigate the appeals process.
If the case proceeds to a due process hearing, we provide full litigation representation, including filing motions, conducting discovery, and preparing for trial. If an unfavorable order occurs, we handle appeals and review for procedural errors. Our attorneys have extensive experience with Travis County courts and Texas family law, giving us the expertise needed to protect your interests at every level.
Common CPS Allegations and Defense Approaches
CPS cases involve many types of allegations, each requiring specific defense strategies. Understanding the nature of the allegations against you is the first step toward building an effective defense.
- Child abuse claims can include allegations of physical, sexual, or emotional abuse. We review evidence carefully and work with relevant professionals to identify inconsistencies or alternative explanations. These cases often involve complex family dynamics that require experienced legal representation.
- Neglect claims may allege failure to provide supervision, shelter, or medical care. We help clients understand how Texas law defines neglect and gather evidence that supports their parenting decisions. Neglect allegations are among the most common CPS cases, and our firm has extensive experience defending parents against these charges.
- Medical neglect or medical decision disputes sometimes arise when parents question treatment recommendations. We work to demonstrate that parents acted reasonably and in the child’s best interest. These cases often require expert testimony and careful documentation of your medical decision-making process.
- Substance use allegations are evaluated to determine whether and how use affected parenting. We may present evidence of treatment or sobriety. If substance use is a factor in your case, we can help you demonstrate your commitment to recovery and parenting.
- Domestic violence allegations are analyzed using witness accounts, protective orders, and other relevant information to show whether the child remains safe. Understanding how domestic violence affects custody decisions is critical in these cases. If you’re facing protective order allegations, we can help you navigate this complex area of family law.
What to Expect During a CPS Case
Knowing the general timeline helps you prepare for what’s ahead. An investigation phase usually runs 30–60 days. If an allegation is substantiated or inconclusive, CPS may pursue further action. If children are removed, a hearing is typically scheduled within 14 days to determine whether the removal was appropriate. The court reviews evidence, and parents may present their side.
Later stages may include additional hearings or a final trial, where the judge decides whether protective orders or reunification measures are appropriate. The court’s primary focus is the child’s safety and well‑being. Case duration can vary depending on complexity and appeals. Understanding child custody modification processes can help you navigate these proceedings. Many CPS cases also involve order enforcement issues that require careful attention.
Frequently Asked Questions About CPS Cases
What should I do if CPS contacts me?
Stay calm, ask for details about the allegations, and request to speak with an attorney before answering questions. You may decline entry unless a warrant or court order is presented. Contact Smith & Bledsoe Family Law promptly for legal guidance. The sooner you have representation, the better we can protect your parental rights.
Can CPS take my children without a court order?
CPS can remove children temporarily if they believe there’s an immediate danger, but a court order must be obtained within 14 days. We can represent you at that hearing to contest the removal. Understanding your rights during child custody removal proceedings is essential.
You have the right not to answer questions and to have an attorney present. Complete refusal may be viewed unfavorably in some cases, so strategic legal advice is important. Our attorneys can advise you on the best approach for your specific situation.
You have the right not to answer questions and to have an attorney present. Complete refusal may be viewed unfavorably in some cases, so strategic legal advice is important. Our attorneys can advise you on the best approach for your specific situation.
What are my rights during a CPS investigation?
You have the right to know the allegations, refuse home entry without a warrant, and request an administrative review if an allegation is substantiated. You also have the right to representation at hearings and appeals. The State Bar of Texas provides resources on your legal rights during CPS investigations.
Investigations last roughly two months, and court proceedings can take several more depending on the situation. Early legal representation often helps move cases more efficiently. Our experience with family law litigation in Austin means we understand the local court timelines.
Investigations last roughly two months, and court proceedings can take several more depending on the situation. Early legal representation often helps move cases more efficiently. Our experience with family law litigation in Austin means we understand the local court timelines.
What happens if I'm found to have abused or neglected my child?
If substantiated, CPS may place your name on a registry. Services such as parenting classes or counseling could be required. You can challenge a substantiated finding through administrative review or by appealing court orders. We can help you understand your options and fight an unfair determination.
Can I appeal a CPS decision?
Yes. Parents can request an administrative review or appeal to the appellate court. Smith & Bledsoe Family Law handles both processes, preparing arguments for reconsideration or reversal. Our appeals experience helps provide a thorough appellate review.
Will a CPS case affect my custody rights?
A CPS case can influence custody in divorce or custody disputes if allegations are substantiated. An unsubstantiated case generally should not. We coordinate CPS defense with related family law matters to protect parental rights. If you’re also dealing with child custody or child support issues, we can address all aspects of your family law needs.
Contact Smith & Bledsoe Family Law for CPS Defense
If you’re facing a CPS investigation in Austin or Travis County, it’s important to act promptly. The steps you take early can impact your case’s direction. Smith & Bledsoe Family Law stands ready to provide assertive representation for you and your family. Review our success stories to see how we’ve helped families protect their parental rights and reunite with their children.
Our team of experienced family law attorneys is ready to fight for your rights. Call (512) 277-3166 today to schedule a consultation with one of our CPS defense attorneys. Our firm is here to explain your options and work toward protecting your parental rights and your family’s future.