What to Do When Child Protective Services Calls

What to Do When Child Protective Services Calls: A Wichita Falls Family Law Podcast with Richard T. Sutherland
What to Do When Child Protective Services Calls: A Wichita Falls Family Law Podcast with Richard T. Sutherland (940) 691-2100.

Who is Child Protective Services and What is its Purpose?

This month’s Wichita Falls Family Law Podcast with Richard Sutherland focuses on Child Protective Services (CPS) and provides an overview of key elements of the purpose of the agency and what to do when Child Protective Services calls.

Questions Answered in this Child Protective Services Podcast

  • What is Child Protective Services?
  • What is the purpose of CPS?
  • What is meant by the word, “abuse” and what is “neglect?”
  • What is the general process of CPS reporting?
  • What is involved in the investigation process?
  • Why people hire attorneys and how they represent parents in CPS cases?

 

Highlights of this CPS Overview Podcast

About Child Protective Services: CPS is a division of the Texas Department of Family and Protective Services, the agency investigating reports of abused or neglected children in Texas. There are 13 categories of what constitutes abuse and four categories for neglect under Texas law. Note that accidents and reasonable discipline not exposing the child to the risk of substantial harm are excluded from the definition of abuse in Texas.

Who makes CPS reports? The Texas Family Code requires any person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect SHALL IMMEDIATELY MAKE A REPORT. This requirement includes people with whom certain communications are otherwise privileged such as:

  • Lawyers;
  • Clergy;
  • Medical Practitioners
  • Social Workers
  • Mental Health Professionals
  • Employees or members of boards that license or certify professionals;
  • Employees of clinics or health care facilities that provide reproductive services.

About the CPS Report: The report should include the reporting party’s belief that a child has been abused or neglected or who has died of abuse or neglect, and the report can be made to law enforcement, CPS or state agencies regulating a facility where alleged abuse or neglect occurred. The reports contain the name and address of the child and other persons responsible for the care of the child and other pertinent information.

About the CPS Investigation Process: Being prepared in the event CPS or law enforcement contacts you about a report of abuse or neglect is important. Contacting an attorney is advisable and it does not mean you look guilty. There are a variety of steps involved in a CPS investigation and interviews of the child may take place at school or at home, including persons CPS determines are necessary to be present.

Important Takeaways: A CPS complaint can arise in a variety of settings such as one spouse in a divorce making complaints of the other to try and improve their chances of getting sole custody or a larger share of the marital estate. There is protection for people who are wrongfully accused. CPS is duty bound to investigate all complaints to protect the interests of children. Being organized and having an experienced family law attorney is important.  

In the next podcast in this series we will talk about suits brought by governmental entities to protect the child.

Richard T. Sutherland is an experienced Wichita Falls, Texas divorce and family law attorney. If you need to learn more about what to do when Child Protective Services calls, or any other matter involving the best interests of and care of children, call us at (940) 691-2100 or contact us through our website.

Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas: Podcast Summaries

Podcast Summaries: Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas
Podcast Summaries: Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas. For more, call (940) 691-2100.

Wichita Falls Family Law Attorney, Richard T. Sutherland offers a variety of short podcasts explaining common issues in divorce and family law in Wichita Falls, Texas. Click on the titles to access the podcasts on our Wichita Falls Family Law website.

Call Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100 if you need help or send an e-mail through the website on the Contact Us page.

Make sure to LIKE our Facebook page so you find our new monthly podcasts in your newsfeed and SHARE with your neighbors, friends and family.

Child Support Calculations in Texas

Every child support matter is unique and the rules that apply to child support calculation depends on your child support obligor’s employment and financial standing. For example, there are unique rules that apply to members of the armed services.

Community and Separate Property in Texas

About Community Property generally: Texas law defines community property as being the property, other than separate property, acquired by either spouse during the marriage. Separate property is defined as being property owned or claimed by a spouse before marriage. Property acquired by a spouse during marriage by gift, devise or descent and the monetary proceeds for an injury sustained by a spouse during the marriage, except for lost earnings and medical expenses.

Conservatorship and Parenting

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

Geographic Restrictions and Relocation

Texas courts imposes geographic restrictions until the child reaches the age of 18 and the court no longer has jurisdiction over the child, or when the non-custodial parent or conservator no longer resides within the geographical area imposed by the court. The geographic restriction may also be lifted when the custodial parent files a petition to modify the order which granted the restriction.

Marital Debt and Liability

Who is liable for a debt and what property is subject to execution to satisfy the debt liability? We use the examples of the purchase of a truck and the transfer of title to a house.

What happens to the parties if the husband defaults on the note he used to buy the truck? Is the wife liable? If the bank sues the husband, it can seek to collect its judgement from three sources.

Military Deployment and Custody in Texas

Military deployment, military mobilization or temporary military duty can impact the lives of parents with children in and around Wichita Falls, Texas. In this monthly Wichita Falls Family Law podcast discussion with Attorney Richard Sutherland, we discuss a few of the key issues and answer common questions about the impact of military deployment and child custody.

Premarital Agreements in Texas

So long as the terms do not violate Texas law, there are seemingly endless opportunities to determine who gets what at the end of a marriage when making a valid and enforceable premarital agreement in Texas.

Welcome to The Wichita Falls Family Law Podcast

On the inaugural Wichita Falls Family Law podcast, Attorney Richard Sutherland offers and overview of common questions in Texas divorce and family law.

Military Deployment and Custody in Texas

Richard Sutherland Podcast: Military Deployment and Custody in Texas

Military deployment, military mobilization or temporary military duty can impact the lives of parents with children in and around Wichita Falls, Texas. In this monthly Wichita Falls Family Law podcast discussion with Attorney Richard Sutherland, we discuss a few of the key issues and answer common questions about the impact of military deployment and child custody.

 

Military deployment and custody in Texas
Military deployment and custody in Texas

Military deployment and custody in Texas and the impact on families in and around Wichita Falls

  • Modification of the exclusive right to determine the primary residence of the child or modifications of the terms and conditions of possession of or access to the child
  • Temporary Orders entered while the military member is absent on military deployment, military mobilization or temporary military duty
  • Temporary Orders when the military member’s rights are going to be affected by military deployment, mobilization or temporary military duty

Listening to this podcast interview about military deployment, military mobilization and temporary military duty will be useful for anyone who is a parent of a child and may be deployed in the armed services. Texas law provides for a variety of situations and Richard Sutherland explains what you may be able to expect in a variety of circumstances.

Just because you serve your country does not mean you have to sacrifice a relationship with your child. Did you know that a designated person can generally act in your place while you are unavailable? Do you want to designate a person to exercise your custody or visitation rights while you are on deployment? Listen and learn about the variety of situations that can affect military parents in and around Wichita Falls, Texas. Call Wichita Falls, Texas divorce and family law attorney Richard T. Sutherland to learn more and to schedule a meeting to discuss your situation. (940) 691-2100.

Please also have a look at the categories of podcast content on our Wichita Falls Family Law website!

About Richard Sutherland: Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

Geographic Restrictions and Relocation

Richard Sutherland Podcast: Geographic Restrictions and Relocation

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is geographic restrictions and when those restrictions may be lifted to allow for relocation.

 

Geographic restrictions and relocation issues in Texas family law:

  • Issues of geographic location involving children
  • Why courts impose geographical restrictions
  • What are the reasons parents ask the court to lift geographic restrictions?
  • Factors the courts consider when deciding to lift geographic restrictions
  • Problems that may arise when geographic restrictions are lifted

Today we are focusing on what happens when life happens, and parents want and or need to move.

First, understand that the Texas Family Code follows public policy of the state to assure that children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, meaning that they provide a safe, stable and nonviolent environment for the child. Texas public policy encourages parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

Texas courts imposes geographic restrictions until the child reaches the age of 18 and the court no longer has jurisdiction over the child, or when the non-custodial parent or conservator no longer resides within the geographical area imposed by the court. The geographic restriction may also be lifted when the custodial parent files a petition to modify the order which granted the restriction.

There are several reasons that a custodial parent might have to seek to life the geographical restrictions to allow for relocation. Listen to the podcast to find out and learn more.

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Richard Sutherland talks about geographic restrictions and relocation in Texas in this Wichita Falls divorce and family law podcast.
Richard Sutherland talks about geographic restrictions and relocation in Texas in this Wichita Falls divorce and family law podcast.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Premarital Agreements in Texas

Richard Sutherland Podcast: Premarital Agreements in Texas

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is premarital agreements in a Texas divorce.

 

Premarital Agreements in Texas: A Wichita Falls Family Law Podcast

  • What is premarital agreement?
  • What are some reasons for wanting a premarital agreement?
  • What can a person accomplish with a premarital agreement?
  • Is there a simple form that a party can use to have a premarital agreement?
  • What is required to have a valid premarital agreement?
  • We will describe some situations and issues involving premarital agreements.

So long as the terms do not violate Texas law, there are seemingly endless opportunities to determine who gets what at the end of a marriage when making a valid and enforceable premarital agreement in Texas.

Too often people make the mistake of assuming a premarital agreement is only for the wealthy. In fact, there are many from all incomes and backgrounds who appreciate the sense of knowing what outcome they may expect in the event the premarital agreement is enforced in connection with the termination of marriage.

People getting married who have or expect to receive inheritances or trust income may be under direction of their immediate family members to preserve money or property in a certain way and under certain conditions. Those on their second or later marriage may use a premarital agreement to protect the children of previous marriages in the event of divorce or termination of the marriage.

Divorce and the family business
Richard Sutherland on Premarital Agreements in Texas

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

 

Marital Debt and Liability in Texas

Richard Sutherland Podcast: Marital Debt and Liability

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is marital debt and liability in Texas.

 

Marital debt and liability in Texas:

  • What is community debt in divorce?
  • What is sole management and control of community property?
  • What happens when one party defaults on a financial obligation?
  • Can the court order one spouse to pay the debt of the other?
  • What are the common issues involved regarding marital property?

Today we are focusing on who is liable for a debt and what property is subject to execution to satisfy the debt liability. We are going to use the examples of the purchase of a truck and the transfer of title to a house.

What happens to the parties if the husband defaults on the note he used to buy the truck? Is the wife liable? If the bank sues the husband, it can seek to collect its judgement from three sources. (Listen to the podcast to learn more).

What happens when the court awards one spouse the house? Is the other spouse released from the debt? No. The court can only issue orders which bind the parties to the lawsuit.

 

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Marital debt and liability in Texas
Richard Sutherland Attorney at Law Family Law Practice Areas

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

 

Texas Child Custody and Conservatorship

Richard Sutherland Podcast: Texas Child Custody and Conservatorship

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This program is a Texas child custody and conservatorship podcast focused on helping people better understand Conservatorship and the rights and duties of parents in Texas.

 

Texas child custody and conservatorship podcast:

  • What is Conservator in Texas
    • What is a parent conservator?
    • What are their rights and duties?
  • Joint Managing Conservator
    • Does not mean joint custody
    • Rights and duties with the child
  • Sole Managing Conservator
    • In cases involving family violence
    • Other parent may not in child’s life
  • Possessory Conservator
    • Fewer decision making rights
  • Non-parent Conservator
    • Not entitled to certain rights and duties

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

For additional general information, please read about family law and child support on our website.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Family Law Podcast Texas child custody and conservatorship podcast
Richard Sutherland Attorney at Law Family Law Practice Areas

 

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Child Support Calculations in Texas

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law.

Texas Child Support Calculations

 

Child support calculations in Texas:

  • Who has a legal duty to support a child in Texas?
    • Either or both parents have a duty to pay child support in lump sum, periodic payments or an annuity purchase;
    • Grandparents cannot be ordered to pay child support;
    • Parties may agree on amount and duration of child support if they wish.
  • How is child support calculated in Texas?
    • The court determines the Net Resource Income of the paying party;
    • Generally, child support lasts until child turns 18 or graduates from high school;
    • Exception of time for support if child is physically or mentally disabled.
  • Paternity cases and retroactive child support
    • The role of the Attorney General representing the State of Texas in establishment, enforcement and collection of child support;
    • Attorney General calculations and applications of child support;
    • Modification of child support before the service of citation or appearance in a suit to modify the amount of child support.
  • The process of withholding child support
    • Wage withholding orders are required by Texas law;
    • Exceptions for persons who are self-employed or have no employer;
    • Child Support is paid to the Child Support Disbursement Unit in San Antonio;
    • Direct payments are not a good idea;
    • Income tax implications of child support.

 For additional general information, please visit our blog to read about Child Support in Texas.

Every child support matter is unique and the rules that apply to child support calculation depends on your child support obligor’s employment and financial standing. For example, there are unique rules that apply to members of the armed services.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

 

Welcome to The Wichita Falls Family Law Podcast

Richard Sutherland Podcast: Welcome to The Wichita Falls Family Law Podcast

 

This is The Wichita Falls Family Law Podcast, a monthly Internet radio podcast program with featured host, Attorney Richard Sutherland who shares information and thoughts about Texas divorce, family law and commercial litigation.

 

Common Divorce and Family Law Topics:

  • Introducing Attorney Richard Sutherland;
  • Common concerns in divorce and family law cases;
  • Children’s issues and child support and custody information;
  • Richard Sutherland is also experienced in commercial litigation.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Family Law Podcast
Richard Sutherland Attorney at Law Family Law Practice Areas

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.