Houston CPS Defense Attorney
How do I fight CPS allegations and protect myself and my kids from false claims of abuse in Texas?
Being accused of child abuse or neglect is every parent’s worst nightmare. Whether the claim involves physical abuse, neglect, or accusations of a child sex crime, a Houston Child Protective Investigation (CPI) case can turn your world upside down in an instant. Suddenly, you may find yourself facing CPS questioning, home visits, and even the risk of losing custody of your child—all over something you didn’t do.
If you’re in this situation, don’t panic—but don’t take it lightly, either. Even false accusations can lead to devastating consequences if not handled correctly, so it’s essential to get help from an attorney with experience in defending these types of cases.
At the Neal Davis Law Firm, Houston CPS defense attorney Neal Davis understands the devastating impact these accusations have on families. With over 25 years of experience defending Texas parents against claims of abuse, Neal knows how to build a strong defense and keep families together.
He can help you navigate the CPI process and work to get the allegations dropped or dismissed, allowing you to focus on what matters most—your family.
False accusations of child abuse can tear families apart.
Let’s set the record straight, clear your name, and protect your family.
Contact the Neal Davis Law Firm today to schedule a confidential consultation.
Real results for families throughout Houston
Investigation
State v. K.
Charges declined (2015)
Child by Contact
State v. V.V. (Harris County, TX)
Dismissed days before trial (2024)
of a Child
State v. V.R. (Harris County, TX)
Not guilty (2024)
of a Child
State v. G.L. (Montgomery County, TX)
Dismissed (2023)
of a Child
State v. E.V. (Harris County, TX)
Not guilty (2023)
Child by Contact
State v. S.C. (Harris County, TX)
Dismissed day of trial (2023)
Protecting parental rights—Hear why Houston families trust us for CPS defense
FAQs about CPS investigations in Texas
What does it mean when CPS red flags you?
When CPS red flags you, it means Child Protective Services (CPS) has concerns or identified risk factors in your home that may indicate potential child abuse, neglect, or endangerment. A red flag can come from reports made by mandatory reporters (like teachers or doctors), anonymous tips, or past interactions with CPS.
Some common reasons CPS may flag a parent include:
- Allegations of sexual abuse. Any report of inappropriate sexual behavior, whether substantiated or not, including continuous sexual abuse of a child, indecency with a child by contact, aggravated sexual assault of a child, or statutory rape.
- Domestic violence. Physical punishment that leaves marks or injuries, or discipline methods deemed excessive. Even if the child was not directly harmed, exposure to violence in the home can be a red flag.
- Medical concerns. Unexplained injuries, repeated ER visits, or a doctor suspecting abuse or neglect.
- Substance abuse allegations. Reports of drug or alcohol misuse while caring for a child or criminal activities such as drug sales or theft in the presence of a child.
- Mental health concerns. Suspicion that a parent’s mental health condition puts a child at risk.
- Educational neglect. Repeated unexcused absences or failing to enroll a child in school.
- Unsafe living conditions. Reports of a home being unsanitary, lacking food, or having unsafe hazards like exposed wiring or infestations.
- Unstable living situation. Frequent moves, homelessness, or staying in places deemed unsuitable for children.
- Inadequate supervision. Leaving young children home alone or in the care of an unfit or unsafe person.
- Coaching a child to lie. Suspicion that a parent is influencing a child to make false claims in custody or abuse cases.
Being flagged by CPS does not mean you’re guilty or that your children will be removed, but it does mean they will likely investigate the situation. If CPS has flagged you or opened an investigation, it’s crucial to take the situation seriously and consult an experienced CPS defense attorney in Texas to protect your rights and your family.
What are grounds for CPS to remove a child in Texas?
Many families are surprised by how quickly CPS can take action, sometimes based on limited or subjective evidence. While a Department of Family and Protective Services (DFPS) caseworker is supposed to work with families to help them access support services, the reality is that these services are sometimes just a precursor to removal and may not offer any real help.
To get a court order for removal, CPS must convince a judge that there is immediate danger to the child’s safety and that no other options—such as placing the child with a relative—are available. However, courts often rely heavily on CPS’s claims, even when evidence is questionable.
If your child is at risk of being removed, you must act quickly. Once the process starts, it moves fast, and without strong legal representation, parents can find themselves fighting an uphill battle to get their children back.
Can a child refuse to go with CPS?
In Texas, a child cannot legally refuse to go with CPS if the agency has obtained a court order for removal or if law enforcement is assisting in the process. If CPS has the legal authority to take custody, the child must comply, regardless of their wishes.
However, if CPS does not have a court order and is simply investigating a case, a child’s wishes may be taken into account, especially if they’re older and can articulate their feelings about the situation.
Judges and caseworkers may consider a child’s preferences during custody hearings, but ultimately, the decision is not up to the child—it is based on what the court and CPS believe to be in their best interest.
How long does a CPS investigation take in Texas?
In Texas, a CPS investigation typically takes around 45 days to complete. However, the timeline can vary depending on the complexity of the case, the availability of evidence, and whether additional assessments are needed.
Once the investigation is complete, CPS will determine whether the allegations are substantiated, unsubstantiated, or ruled out, which will impact the next steps for your family.
If you’re under investigation, do not wait until the investigation is over to seek legal help. Consulting a Houston CPS defense attorney early is the best way to protect your rights and the rights of your child.
Does CPS notify police in Texas?
Yes, in Texas, CPS can and often does notify the police when they’re dealing with a concerning situation involving a child. It’s not automatic for every case, but if they come across something that looks like a crime—like physical abuse, sexual abuse, or really bad neglect—they’re required to report it to law enforcement.
Texas law says CPS has to call the police if they suspect a child’s been harmed in a way that could be illegal because those things aren’t just safety issues; they’re against the law, too.
That said, not every CPS case gets the police involved. If it’s something like a messy house or a parent needing help with resources, and there’s no sign of a crime, CPS might handle it on their own without calling anyone else. It really depends on what they find and whether or not they believe the situation breaks the law.
Does a CPS report show up on a background check?
CPS investigations are not criminal cases, so unless law enforcement gets involved, a CPS report doesn’t usually show up on a standard background check.
When a CPS case might affect a background check:
- If criminal charges were filed. If CPS reported the case to law enforcement and it led to an arrest or conviction (such as child abuse or neglect), it will appear on a background check.
- If your name is in the Texas Central Registry. Texas keeps a record of child abuse and neglect cases where CPS found “reason to believe” abuse or neglect occurred. If you were designated as a perpetrator, this may come up in background checks for jobs involving children (e.g., schools, daycares, foster care).
When a CPS case will not affect a background check:
- If the allegations were ruled out or unsubstantiated. CPS reports that don’t result in findings of abuse or neglect do not appear on the Central Registry.
- If the case was sealed or expunged. In some cases, you may be able to request removal from the Central Registry or have records sealed.
If you’re worried about how a CPS investigation might impact your background check, talk to an experienced CPS defense attorney. A lawyer can help determine if you’re listed in the Texas Central Registry and explain your legal options for clearing your name if necessary.
What not to say to CPS
How to get a CPS case dismissed
If you’re under a CPS investigation, having a CPS defense attorney can make all the difference in getting the case dismissed before it turns into a bigger issue. Here’s how a lawyer can help shut down a CPS case:
CPS must follow strict legal procedures. If they don’t, your lawyer can file motions to dismiss based on:
- Improper search and entry (CPS cannot enter your home without a court order or your permission unless it’s an emergency).
- Lack of probable cause (CPS needs actual evidence of neglect or abuse, not just a vague report).
- Violations of your parental rights (such as pressuring you into a “safety plan” without legal justification).
CPS cases can drag on for months, even when there’s no evidence against you. Your lawyer can:
- Request an administrative review to force CPS to justify its case.
- File for an emergency court hearing if your child was removed without cause.
- Negotiate for case closure before it escalates into a full legal battle.
CPS must prove that abuse or neglect occurred or that a child is in danger. Your attorney can:
- Demand evidence and challenge weak or false allegations.
- Point out inconsistencies in witness statements, medical reports, or CPS caseworker observations.
- Show alternative explanations for injuries or concerns raised (e.g., medical conditions, accidental injuries, or discipline taken out of context).
- Bring in expert witnesses (such as doctors or psychologists) and character witnesses to counter CPS claims.
- Expose ulterior motives if the false accusation was made during a custody dispute by a spouse or ex-spouse or by someone else trying to manipulate the system.
CPS may ask you to sign safety plans or complete unnecessary services that make you look guilty. A lawyer can:
- Advise you on whether to sign agreements (many safety plans are voluntary, not mandatory).
- Argue against excessive or unnecessary requirements (such as parenting classes for parents who have done nothing wrong).
If CPS has contacted you, don’t wait—call an attorney now. A strong legal defense can protect your parental rights, your reputation, and most importantly, your family.
Where can I find an experienced CPS defense attorney in Houston?
If you’re facing a CPS investigation or have been accused of child abuse, child neglect, or child sex abuse, don’t wait to get the legal help you need. Even if you know you’re innocent, these accusations can turn your life upside down—affecting your job, reputation, and parental rights.
Houston CPS defense lawyer Neal Davis has over 25 years of experience protecting the rights of parents and caregivers in Texas. He knows that good people can be accused of terrible things, and he’s seen firsthand how even false or exaggerated claims can damage lives. His aggressive, strategic approach has helped many clients get CPS cases dismissed, fight wrongful accusations, and keep their families together.
Don’t face CPS alone. Contact the Neal Davis Law Firm today for a confidential case review and get the skilled defense you need to protect your rights, your future, and your family.
