Legal Overview of Adversary Hearing

Texas Family Code

Title 5. The Parent-Child Relationship & the Suit Affecting the Parent-Child Relationship Chapter 262. Procedures in Suit by Governmental Entity to Protect Health & Safety of Child Subchapter C. Adversary Hearing

Please see the At a Glance and Adversary Hearing

Checklists in the Checklist Section of the Bench Book.

A Full Adversary Hearing occurs after a court grants an ex parte order approving the removal of a child from a parent or caretaker; this hearing is to be held within 14 days of the date the child was taken into the possession of DFPS. Tex. Fam. Code ยง 262.201. Courts across Texas differ in the way Full Adversary Hearings are held, but in all cases DFPS has the burden to show why its recommendations should be approved by the court, including why a child should be in substitute care.