What happens to your kids when you are arrested in Texas?

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If a parent is arrested in Texas, what happens to their children depends on several factors, such as the circumstances of the arrest, the availability of a custodial parent or guardian, and the involvement of child protective services. Here are some possible scenarios:

  1. Custodial Parent or Guardian: If there is a custodial parent or legal guardian who is not involved in the arrest and is capable of taking care of the children, they may assume custody. In such cases, the children may be placed with the custodial parent or guardian, who will be responsible for their care and well-being.
  2. Child Protective Services (CPS) Involvement: If there is no custodial parent or guardian available or if the arrest is related to child neglect or abuse, Child Protective Services may become involved. CPS has the authority to assess the situation and determine the best course of action for the children’s safety and well-being. They may place the children in foster care temporarily while they conduct an investigation and assess the suitability of the custodial parent or guardian.
  3. Temporary Protective Orders: In situations where there are concerns about the children’s safety or well-being, a court may issue a temporary protective order. This order could grant temporary custody to a relative or another suitable person until the legal issues are resolved.

It is important to note that each case is unique, and the outcome will depend on the specific circumstances and the discretion of the involved authorities, such as law enforcement, CPS, and the court system. If you or someone you know is facing arrest and has concerns about the welfare of their children, it is advisable to consult with an attorney who specializes in family law or criminal defense to understand the options and potential outcomes in your specific case.

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