Getting a CPS Lawyer in Weatherford and Parker County, Texas

The short answer

You may be able to get a CPS lawyer for free, but only once DFPS takes you to court. In a DFPS case asking to end your parental rights or to name a conservator for your child, the court must appoint a lawyer for you if you are indigent and oppose the case Tex. Fam. Code §107.013(a). In a case asking the court to order you into services, the court must appoint one right after the case is filed Tex. Fam. Code §264.203(h). To hire your own lawyer in Weatherford, Parker County's own list of self-help resources points you to the State Bar's lawyer referral service and to Legal Aid of NorthWest Texas Parker County District Clerk, "Notice of Self Help Resources".

Where are CPS cases heard in Parker County?

CPS court cases in Parker County are filed with the Parker County District Clerk in Weatherford. The District Clerk is the clerk for the 43rd and 415th Judicial District Courts, and all district court family and juvenile cases are filed there Parker County, "District Clerk". Parker County's two county courts at law can also hear these cases, because state law gives them the same jurisdiction as a district court Tex. Gov't Code §25.1862. Court addresses, phone numbers and records searches are on the Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help page.

Will the court give me a free CPS lawyer?

It depends on what kind of case DFPS files and whether you are indigent. Indigent means you cannot afford a lawyer.

• A case to remove your child, end your rights, or name a conservator. The court must appoint a lawyer, called an attorney ad litem, for an indigent parent who responds in opposition Tex. Fam. Code §107.013(a). If you have no lawyer at your first court appearance, the court must tell you about this right Tex. Fam. Code §107.013(a-1).
• A case asking the court to order you into services. The court must appoint a lawyer for you right after DFPS files and before the hearing Tex. Fam. Code §264.203(h). See Court-Ordered Services in Texas CPS Cases (Family Code §264.203).

To ask for a free lawyer, you file an affidavit of indigence, a sworn statement about your money. The court may look at your income, assets, public benefits, debts, necessary expenses, and how many dependents you have Tex. Fam. Code §107.013(d). Most courts give you a form for your monthly income and expenses, and TexasLawHelp.org says there is no penalty for filling it out even if you do not end up getting a court-appointed lawyer TexasLawHelp.org, "I want help and information on dealing with Child Protective Services".

What if CPS has already taken my child?

The first big hearing comes fast. When DFPS takes possession of a child, a full adversary hearing must be held no later than the 14th day after the child was taken, unless the court grants an extension the law allows Tex. Fam. Code §262.201(a). Before that hearing starts, the court must tell each parent who has no lawyer about the right to one, including a court-appointed lawyer for a parent who is indigent and opposes the suit Tex. Fam. Code §262.201(c).

If a lawyer is appointed close to the hearing, the court may, for good cause, postpone the hearing for up to seven days from the lawyer's appointment so the lawyer can prepare Tex. Fam. Code §262.201(e). The steps after a removal are explained in When CPS Removes a Child in Texas: What Happens in the First 14 Days.

Can I have a lawyer during the CPS investigation?

Yes, but you would have to hire one. You can talk to and hire a lawyer at any time, including during the investigation, but you are not entitled to a court-appointed lawyer during a CPS investigation TexasLawHelp.org, "I want help and information on dealing with Child Protective Services". When an investigation starts, DFPS must give you a written summary that includes your right to seek legal counsel Tex. Fam. Code §261.307(a). Your other rights at that stage are in Your Rights When Texas CPS Contacts You (Family Code §261.307).

How do I find a CPS lawyer to hire in Weatherford?

Start with the resources Parker County itself lists. The Parker County District Clerk posts a Notice of Self Help Resources, as Texas Government Code §51.808 requires Parker County District Clerk, "Notice of Self Help Resources". It lists:

• The State Bar of Texas Lawyer Referral and Information Service (www.texasbar.com/lris) Parker County District Clerk, "Notice of Self Help Resources". For Parker County, call (800) 252-9690, Monday through Friday, 8:30 a.m. to 4:30 p.m. Central State Bar of Texas, "Lawyer Referral & Information Service". A lawyer the service refers you to gives up to a 30-minute consultation for no more than $20 State Bar of Texas, "Lawyer Referral & Information Service".
• Legal Aid of NorthWest Texas, Weatherford office (details below) Parker County District Clerk, "Notice of Self Help Resources".
• The Texas State Law Library and TexasLawHelp.org, for legal information and forms Parker County District Clerk, "Notice of Self Help Resources".

When you call a lawyer, say that your case is a DFPS (CPS) case in Parker County and give any hearing date first. The 14-day hearing deadline above leaves little time.

Is there free legal aid in Weatherford?

Yes, for people who qualify. Legal Aid of NorthWest Texas lists its Weatherford office at 100 Austin Ave., Ste. 201, Weatherford, TX 76086, phone 817-594-6332 Legal Aid of NorthWest Texas, "Weatherford" office. The office takes applications by phone, Monday through Friday, 8 a.m. to 5 p.m., and lists Parker County among the counties it serves Legal Aid of NorthWest Texas, "Weatherford" office. TexasLawHelp.org lists Child Protective Services (CPS) among its areas of expertise, and its Legal Aid Line is (888) 529-5277 TexasLawHelp.org, Legal Aid of NorthWest Texas.

TexasLawHelp.org's directory lists four free legal aid organizations for Parker County under Child Protective Services TexasLawHelp.org, Legal Help Directory (Parker County, Child Protective Services). For free legal information (not representation), the Family Helpline at 844-888-6565 answers questions about DFPS issues TexasLawHelp.org, "I want help and information on dealing with Child Protective Services".

What should I bring to a CPS lawyer?

Bring every paper DFPS or the court has given you, in date order: notices, the written summary of your rights, any safety plan or family plan, a findings letter, the petition and citation, and every court order. Write down your next court date and the names of the offices you have dealt with. Our free case binder keeps these papers, dates and contacts organized on your own device, and nothing is uploaded.

What the law says

In a suit described by Subsection (a), if a parent is not represented by an attorney at the parent's first appearance in court, the court shall inform the parent of: (1) the right to be represented by an attorney; and (2) if the parent is indigent and appears in opposition to the suit, the right to an attorney ad litem appointed by the court.

In plain words: if you come to court in a DFPS case without a lawyer, the judge has to tell you that you can have one, and that it can be free if you cannot afford it and you oppose the case.

Before commencement of the full adversary hearing, the court must inform each parent not represented by an attorney of: (1) the right to be represented by an attorney; and (2) if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney.

In plain words: before the 14-day hearing after a removal, the court must tell you about your right to a lawyer.

Questions to ask a lawyer

• Have you handled DFPS cases in the Parker County courts?
• Do I qualify for a court-appointed lawyer, and how do I fill out the affidavit of indigence?
• What happens at my next hearing, and what should I do before it?
• Should I agree to anything DFPS is asking me to sign or do right now?
• How and when will we talk before each hearing?

Related

• Your Right to a Lawyer in a Texas CPS Case
• When CPS Removes a Child in Texas: What Happens in the First 14 Days
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help