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In texas what is the legal definition of physical neglect as

In texas what is the legal definition of physical neglect as defined by family law and used by dfps/cps? Is this the same definition as listed on dfps website and if so is it very limited in scope applying only to the situations listed in the definition. I am a bit confused since it seems that the section of family law pertaining to neglect has been split out into separate catagories for use by DFPS/CPSCould a messy house be considered physical neglect? When the child is well cared for, loved, has clothes ,food, all utlities, shelter, internet access, health insurance healthy as verified by a doctor healthy weight shots up to date etc,CPS did not ever mention removal had no real problem with us as the house was clean within a couple days. Long story short we had a family member (father in law) to go nuts start drinking when we tried to evict him he would threaten to harm himself same thing if we tried to call the police. So there was about 3 months we all kind of tip toed around him we spent alot of time outside or away from home so our child wouldn't not have to be subjected to the drinking and the arguements so we didn't clean as we should as we just avoided the common areas of our own house except for meal times. Then one night during a arguement about us wanting him to leave he called the police because he felt he shouldn't have to leave and my husband kept telling him that he did. The police came he made threats that they heard thank god and was very very drunk and being mean so he was arrested and cops said they would have to notify cps as it was required by law and that we should pick up a bit. We did place was 80% better by the time they got here 6 hrs later (he was pointing a gun so assume that's why the quick response he had/has a chl) . Basically they took him away we started to pick up and had it done in no time without him here to hinder cps came that morning told us to keep doing what we where doing signed a safety plan that said we would not let him back into the house and would get his things off the property and finish cleaning (getting his things out was all that was left to do far as cleaning went). He brought a ton of stuff with him when he moved in and bought even more after he got here. He took over our house ,front porch and front yard with his items and would have a fit if we even tried to move anything of his to clean makeing threats and saying that we were trying to steal if we tried to toss something or even move it. We had to wait untill he was arrested to do away with several cubic yards of ruined household items left to rot in the rain and weather on our front porch and in our driveway and front yard for several months. They came back 10 days later said everything was fine case would be closed and would have family based services check in 2-3 times to verify house remained neat as they said we where already doing all that we needed to do and it was all just formalties everyone we dealt with was nice and we had no reason to believe anything was going to come of it as long as we did what we where asked. Well a couple of weeks later we get a letter in the mail "reason to believe physical neglect" heck they didn't ask alot of questions they didn't look around the whole house or property if they had they would have seen that it wasnt all that bad other than the fact that over the course of those same 3 months some neighborhood stray cats had gotten underneath of our house (doublewide trailer) and clawed ripped chewed their way into our heating/cooling ductwork system and gotten into our home (note this did not render the heating system unuseable) just very ineffecient as heat was escaping under the house and the animals had access to the inside of our home and they did their business in a few spots which we promptly cleaned when found but the smell of urine from unaltered male tomcats is hard to mask. 3-4 or so of them would sneak in nightly over a couple week period it took for the insurance company to send someone to check our system and repair it (fixed 2 days after cps first visit). In texas what the legal definition of physical neglect as defined by family law and used by dfps/cps? Is this the same definition as listed on dfps website and if so is it very limited in scope applying only to the situations listed in the definition. I am a bit confused since it seems that the section of family law pertaining to neglect has been split out into these separate catagories for use by DFPS/CPS am wondering if i should do admin review and if so could i do it without a lawyer as we don't have a lot of money caseworker said she didn't recomend neglect for us but supervisor must of added it for the dirty house / cat problem.Caseworker made us aware the review was available. we realize you can't give legal advice just want a frank opinion from a few people who understand the systemthank youmargaret

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Law Educator, Esq.

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If husband knows wife is unstable and leaves kids with her,

If husband knows wife is unstable and leaves kids with her, is he liable if something happens to them while in her care?

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LegalGems

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I was accused of domestic violence against my partner of 10

I was accused of domestic violence against my partner of 10 years. I have no incidents of said behavior in past, however she does (DIR's and arrests for assaulting me but I refused to sign affidavit). Last June she charged at me and grabbed me pushing and pulling from behind. She received a bump on the head from running into my elbow which I had not realized what had happened till contact (definitely no intent). I told her it was an accident of her doing and she immediately claimed it was on purpose. Child was in bedroom watching tv with door closed unaware of what took place. She has had me arrested and twisted story and claimed child was present, requested and ambulance all to intensify outcome. I have been removed from my home, still paying the expenses while fighting criminal, ACS and family case ever since. My criminal trial is this week and now at the last minute DA is offering an ACD. My lawyer is making me feel as if I may not get a fair trial and should take the offer. I was told we can beat this and would like to clear my mane leaving no doubt this is true. I have a custody trail coming up and I know these accusations are to ruin my chances for fighting for my 8 year old daughter. There is also my 20 year old son whom I am custodial parent of since 3 from previous relationship, who was kicked out of home for no valid reason. child returned from school 2 months after incident, kicked out couple weeks later for no valid reason. I realize the difficulty with fighting for custody of a little girl in NY. Mother until recently has not worked in 10 years. She has taken me to court in past with false abuse claims whenever some issues came up in the home where I would question her actions and problems she was causing. She has taken child out of country for 6 months without me knowing anything, taken child to various homes to stay even a shelter. I know ACD is not an acceptance of guilt but it does not state without a doubt I am innocent and she is lying. II have other cases predicated on this case. I was told her past behavior will not be looked at here. This will be based on that moment, and even if I try to prove moral presumption, I can have "snapped" at that moment and committed accusations. I was told the DA will try to make something stick (harassment, assault, child endangerment). She is totally manipulating the system, this case and livelihood of my children and I. I have always provided a stable, consistent home for me and my family and never any issues with the law.

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FamilyAnswer

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I have been told that only the "nearest" next of kin can

I have been told that only the "nearest" next of kin can grant permission for an autopsy in Pennsylvania (except for coroner's case) according to a hierarchy of surviving relatives in this order: spouse - parent - son or daughter - brother or sister - ... and thatthe power of attorney for medical decisions does not apply after thedeath of the patient. Is this correct according to state law ?

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I am custodial parent in CO. Non custodial parent moved to

I am custodial parent in CO. Non custodial parent moved to CA five years ago. I have full decision making per Order. Children spend four weeks over summer with Dad per parenting plan. I am relocating with children to NY for employment and to be closer to family on all sides. Must I file a full relocation plan if I don't intend on modifying visitation or anything else?JA: Have you talked to a lawyer yet?Customer: No. I can't afford one.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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LawTalk

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My ex husband has filed a motion to modify parenting time.

My ex husband has filed a motion to modify parenting time. In his motion he is alleging child endangerment based on a DUI my current husband received last year with my daughter in the car. My ex husband has known about this DUI since March of last year, but just recently filed for custody because we could not agree on an out-of-state spring break visitation. I have had the majority parenting time for several years, is this different from custody? What is a reasonable out-of-state parenting plan? My ex is requesting that she travel from Colorado to Arizona every MLK day weekend, every presidents day weekend, every spring break, all summer (minus 3 days prior and one week towards the end), a 3 day weekend in April and October, Every Thanksgiving, Labor day weekend and he wants half her winter break every year. I'm loosing sleep over the endangerment allegations and I cannot afford an attorney. I also have a question about if he has a witness for the case if I will receive notice prior to the hearing or will he be able to bring anyone into court on the day of the hearing and I won't have time to prepare?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Jefferson County Colorado and he filed form Maricopa County in Arizona. All proceedings will happen in Jefferson County COJA: Have you talked to a lawyer yet?Customer: I've spoken with several lawyers.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other details but it's a lot to type.

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This is in regards to Texas form VS-170 and VS-142.3.

This is in regards ***** ***** form VS-170 and VS-142.3. Application to Amend Certificate of Birth and Mail Application for Birth and Death Records respectably. I've included both of these forms. I had few questions on how I should fill this out. I'm looking to change my name and sex on my birth certificate.1: In regards ***** ***** II box 8 to 10 on form VS-170 what exactly should I put in these boxs? Really I'm only concerned with what to put in box 8. Again I'm only looking to change my name and gender.2: I am not a minor so I do not need to fill out part III on form VS-170 correct?3: Exactly how much should I include with these forms if I only want a birth certificate and it's not expedited. I want to ensure I include enough for all fees and taxes and I'm not sure they are all listed on this form. This site, http://www.transequality.org/documents/state/texas, Says "Applicable fees ($47 for a new record)" which I don't see on these forms.4: I currently live in Indiana but was born in Texas. Does part III on form VS-142.3 need to signed in the presence of an notary public from Texas or can I use one from Indiana?

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RayAnswers

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I am trying to get clarification regarding the information

Hello I am trying to get clarification regarding the information entered in my divorce decree concerning our children & wanted to know if anyone could help me please. It was from the Colorado court but I live in Virginia now. My ex husband keeps saying that this is no longer accurate since we live in Virginia.

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I live in NC, my son's dad passed away this passed November.

I live in NC, my son's dad passed away this passed November. I terminated his parental rights when my son was 2. My question is: can my son collect SS benefits from him? (I don't want to appear shallow, they were building a relationship upon his death.)

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