Protective Order Against Cps

Summary

To obtain a protective order against CPS in Montgomery County, Texas, gather evidence, file an application with the district court, and attend a hearing. CPS must provide clear and convincing evidence to prove a parent is unfit. Grandparents can intervene in CPS cases if they demonstrate the childs welfare is at risk. To support your daughters case, provide character references, testify in court, and present evidence of a stable home. A District Attorney (DA) has broad discretion to drop a case, but if it has reached court, a judge must approve the decision. Consult a family law attorney for personalized advice.

Full Conversation

Montgomery county Texas
To apply for a protective order in Montgomery County, Texas, follow these general steps:
*. Collect evidence supporting your claim.
*. File an application with Montgomery County District Court.
*. Attend a hearing.
*. Wait for the judge's decision.
Legal Aid of Northwest Texas might assist you.
Cps has the burden of proof to prove a parent is unfit what is the burden of proof
In Texas, CPS must provide "clear and convincing evidence" that a parent is unfit. This is a high standard of proof, requiring evidence that the claim is highly probable or reasonably certain. This is more than just a balance of probabilities.
CVS took my grandchild and she has a hearing in 14 days. The hearing is between my daughter and her ex on who is getting my grandson can I show up and fight for custody as well
In Texas, as a grandparent, you can request custody if it's in the child's best interest. However, you must provide substantial evidence that the child's current environment could potentially cause harm. It's crucial to consult with a family law attorney to navigate this complex process.
If CPS is trying to take my grandson for my daughter I would be stepping in
That's commendable of you. To clarify, are you seeking to intervene in the CPS case, or are you looking to obtain kinship care or guardianship of your grandson?
Seeking to intervene
I understand, in Texas, grandparents can intervene in a CPS case. However, you must demonstrate that the child's emotional or physical health is being harmed by current circumstances. Do you have substantial evidence to support this claim?
He is okay with my daughter but they are trying to take him from my daughter
In Texas, to intervene in a CPS case, you need to demonstrate that the child's welfare is at risk. If the child is safe and happy with your daughter, it may be more beneficial to support her case rather than intervening. Consult a family law attorney for guidance.
How do I support her case
To support your daughter's case you can:
*. Provide character references affirming her good parenting.
*. Offer to testify in court.
*. Present any evidence proving a safe and stable home environment.
*. Cooperate fully with CPS and the court.
Remember, a family law attorney can provide more personalized advice.
How much power does a DA have when dropping a case
In the U.S., a District Attorney (DA) generally has broad discretion in deciding whether to prosecute or drop a case. They can do so based on several factors:
- Insufficient evidence
- The alleged crime's severity
- The defendant's past criminal history
- The likelihood of obtaining a conviction
However, this discretion isn't absolute and can be subject to judicial review.
Can the da just drop a case or does it have to go into court
The DA can drop a case at any stage, either before or after court proceedings have begun. However, if the case has already reached court, the judge has to approve the DA's decision to discontinue.