When a parent loses custody for any reason, it is supposed to be only when it is in the best interests of the children who are involved. In some cases, the child is required to remain with one parent as part of a child custody agreement. In other, more unfortunate cases, a child is removed by the state of Texas due to allegations of abuse or neglect. Unfortunately, there are circumstances where the removal of a child is unfounded, creating situations of personal and legal turmoil.
According to a recent report, there are many cases of child abuse being overturned. Parents who were accused of having abused their children challenged the findings of Child Protective Services. Unfortunately, the report claims that even when a case is overturned, parents face additional issues because CPS decisions are often used in other judgments, including child custody disputes.
The report states that the agency does not believe that there is an issue with the organization’s investigation of abuse allegations. However, the article states that the rate in which the state overturns CPS claims is greater than one out of three decisions per year, on average. Additionally, the report claims that CPS decisions were reversed by 27 percent in 2009 and by a much higher 42 percent in 2013.
When a Texas parent loses custody of their child, it is supposed to be in an effort to provide the child with a safe and nurturing environment. In some circumstances, there are allegations of abuse that necessitate the removal of the child. However, if this recent article is any indication, there is a possibility that a child abuse claim can be overturned, which will have an impact on any child custody decisions previously made by the court. As the report claims, the decision being overturned can lead to additional legal hurdles, but a parent has every right to seek to regain their parental rights.
Source: khou.com, “More Texas child abuse claims by CPS being overturned”, , May 26, 2014
