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Child Abuse or Neglect

Dallas Lawyers Representing Parties in Child-Custody Matters

The Texas courts appreciate the bond between parents and their children and will typically take measures to maintain parent-child relationships in custody cases. In some instances, though, parents lack the desire or means to properly care for their children, and their actions or inactions place their children at risk for harm. In custody cases in which a court finds child abuse or neglect, it will take drastic steps to protect the child, which may include modifying or terminating parental rights. Courts take allegations of child abuse or neglect very seriously, and it is critical for anyone with questions about such assertions to consult an attorney as soon as possible. The assertive Dallas child custody lawyers of McClure Law Group are aware of the sensitive nature of child abuse claims, and, if you engage our services, we will help you seek the best legal outcome possible under the circumstances in a discrete manner.

Child Abuse or Neglect in Texas Custody Cases

Under Texas law, any person who suspects a child is being abused or neglected must report it to the authorities. In Texas, Child Protective Services (“CPS”) investigates allegations of child abuse and neglect. While in some cases, parents in custody disputes may accuse their co-parent of such behavior, such allegations should not be made lightly, as it is a felony to knowingly make false reports of abuse or neglect with the intent to deceive.

The Texas Family Code (the “Code”) sets forth precise definitions of what falls under the umbrella of abuse, which includes but is not limited to causing a child emotional or mental injuries that result in a noticeable and significant deficit in the child’s development, growth, or functioning; physically harming a child or threatening to do so; and engaging in sexual conduct that is harmful to the child’s welfare. The Code defines neglect, as well. Examples of neglect include stating that leaving a child in a situation in which they face a substantial risk of mental or physical harm, failing to obtain necessary medical care for a child, and putting a child in a situation that requires actions or judgment beyond their level of maturity or mental capabilities, or failing to remove them from such a situation.

In ongoing custody disputes, a parent that believes their co-parent is abusing or neglecting their child can file a motion for a temporary restraining order. Additionally, any party that has standing to file a suit affecting the parent-child relationship and believes a child is being neglected or abused can seek such relief, but they must file an original suit first. The court will consider evidence such as medical records, physical evaluations of the child, mental health evaluations of all parties, and statements from the child and both parents in evaluating whether a child is the victim of abuse or neglect. In some instances, the courts will permit prior recorded statements of the child into evidence. If the court finds that a parent has abused or neglected their child, they may restrict or terminate their rights with regards to conservatorship of and access to the child.

Meet With a Trusted Dallas Attorney

Texas courts will typically find that it is in a child’s best interest to maintain a relationship with both parents, but there are exceptions, such as in cases involving child abuse or neglect. If you need assistance with a difficult child-custody issue, it is prudent to meet with an attorney. The trusted Dallas lawyers of McClure Law Group can assess the facts of your case and take the steps necessary to protect your parental rights and your child’s safety. We often represent parties in child custody cases in Dallas, Rockwall, Fort Worth, Frisco, Irving, McKinney, Richardson, and Garland. We also help people with family-law matters in cities in Dallas, Rockwall, Collin, Denton, Tarrant, and Grayson Counties. You can reach us by calling 214.692.8200 or using our online form to set up a confidential meeting.

Client Reviews
"McClure Law Group was very professional and responsive. They listened to my concerns and desires as it pertains to the service requested and I'm very pleased." Jade Nguyen
"Kelly and her team are always a pleasure to work with, and their work product always exceeds one’s expectations." George Tamke
"When I most needed professional, good quality responses McClure Law Group was there. Thank you for the service that I have received from everyone!" Norma Charles
"McClure Law Group’s team is very responsive! I have very much appreciated their communication. They are always on top of what is happening and return my calls or emails quickly." Brie Cherry
"Kelly McClure has been representing me for the past several years and has been an amazing advocate, confidant and sounding board. She is always available by phone, even when she is on vacation. She has answered my questions on weekends and always given me an honest opinion. I highly recommend this group to anyone." Heather Bell
"The McClure Law Group helped me through a very difficult divorce and they definitely had my back every step of the way. I couldn’t recommend the team enough!" Shell A.
"I could not be happier to have had McClure Law. I truly appreciate their accessibility and patience. I can tell they are very knowledgeable, and I trust their guidance. I am SO thankful I went with great lawyers to handle my family case." Victor Lollar
"Kelly is detailed oriented and she truly cares about her clients. Her knowledge of the laws and her ability to get a case resolved make her stand far above others. I highly recommend McClure for your family law needs!" Peter Morgan