CPS Defense for Parents & Families in Texas
Mike Schneider is a Houston CPS defense attorney who represents parents, foster parents, grandparents, adoptive parents, and anyone accused in a Texas CPS or criminal investigation, from the first knock on the door through trial and appeal.
Mike Schneider has spent more than 25 years inside the Texas child welfare system as a prosecutor building CPS cases for the state, the judge who presided over thousands of these cases for twelve years, and now as the defense attorney fighting for the families the system investigates. No other CPS attorney in Houston has stood on all three sides of this system.
Who Mike Can Help
Clients come to Mike Schneider Law at every stage of a CPS case and from every position in a family. Mike can help if you are:
- A parent under active CPS investigation, before any court case has been filed
- A parent whose child has already been removed and placed in foster care
- A foster or adoptive parent facing an investigation, or at risk of losing a placement
- A grandparent or other relative seeking to keep a child with family instead of foster care
- A parent facing a related criminal charge connected to a CPS investigation
- A professional (medical, education, or otherwise) whose CPS involvement threatens a license
If your situation is more specific, such as a CPS case unfolding inside a divorce, or a grandparent fighting for custody, Mike has built dedicated resources for those exact circumstances. See the related pages linked below.
How Mike Approaches These Cases
- Immediate case assessment.
Mike’s first step is understanding exactly where your case stands: what has been alleged, what has been signed, whether a child has been removed, and what deadlines are already running. In CPS cases, what has already happened shapes what is still possible.
- Asserting your rights from day one.
CPS cases move fast, and parents are rarely told the full scope of their rights. Mike moves immediately to establish what CPS can require of you, what you can decline, and what should never be signed without review.
- Working the investigation before it becomes a court case.
Most CPS cases can still be resolved administratively, before a petition is ever filed. Mike’s early involvement is aimed at keeping your case out of court whenever possible.
- Preparing for court from the start.
When a case does move to litigation, Mike represents you at every hearing, from the initial and adversary hearings through trial and, if necessary, appeal. His judicial background means he prepares your case the way he once expected cases to be prepared for his own courtroom.
- Coordinating parallel proceedings.
CPS cases frequently overlap with divorce, custody disputes, or criminal charges. Mike’s experience across family, civil, and criminal courts means nothing about your case catches him off guard.
What Makes Mike More Than A
Child Welfare Lawyer?
With decades of diverse trial experience on both the bench and the bar, and deep institutional knowledge of the agencies involved in Texas child welfare, Mike Schneider has protected mothers, fathers, foster and adoptive parents, grandparents, and the accused in countless high-profile cases featured in national and global media.
He has extensive experience representing clients before numerous state agencies, including:
- Child Protective Services (CPS)
- Department of Family and Protective Services (DFPS)
- Texas Health and Human Services
- State Office of Administrative Hearings (SOAH)
- Title IX Departments
When Mike is on your side, you get More Than a Lawyer.
- Former State District Court Judge
- Former Assistant Harris County Attorney
- Seasoned Trial Attorney with Years of Courtroom Advocacy on Behalf of Caregivers
- Expert Witness & Consultant
- Court-Appointed Amicus in Child Custody Cases
- CPS Administrative Insider
- Child Welfare Researcher & Policy Analyst
- CLE Trainer & Educator for Lawyers
Decades of Diverse Trial Experience
Mike has successfully tried hundreds of trials as a lawyer and state district judge, ranging from thorny child custody battles to felony criminal investigations and capital murder.
Early in his judicial tenure, the Houston Chronicle praised his “demonstrated competency” in handling high-profile cases and consistently endorsed him his entire judicial career, noting, “Schneider has devoted his career to protecting children‚ both as an assistant Harris County attorney and as general counsel of Houston’s renowned Children’s Assessment Center.”
History of High-Profile Success
Judge Schneider is known for his aggressive defense of the most consequential criminal and CPS investigations and in the courtroom at every stage—with clients across the United States. Mike has protected mothers, fathers, foster and adoptive parents, grandparents, siblings and anyone accused in countless high-profile cases featured in national media and across the globe.
Due to his deep understanding of the child welfare systems and agencies, he has an 80–90% success rate in preventing CPS lawsuits through his involvement in administrative and investigation cases.
Understands Every Side of the Bench & Bar
Mike joined the Harris County Attorney’s Office in 1999, serving as Chief of the 313th District Court and managed and tried thousands of child custody cases involving the Texas Department of Family and Protective Services (CPS).
In 2001, he became Deputy Division Chief of the office’s Children’s Protective Division, and from 2004 until he took the bench in 2006, served as General Counsel to the world-renowned Children’s Assessment Center in Houston’s Rice Village.
He proudly served as Commissioner of the Supreme Court of Texas Children’s Commission and Chair of the State Bar of Texas Juvenile Law Section.
Deep Knowledge of Child Welfare Investigations and Administrative Hearings
The goal is to keep clients out of the courts. The moment CPS or law enforcement investigations begin, parental rights—and those of foster parents, grandparents and other caregivers—are in immediate jeopardy, and the risk of criminal prosecution is heightened. Mike’s experience navigating this complex maze of law enforcement and child welfare investigators, pediatric hospitals, social workers, and often the media is unmatched.
Most caregivers, including those accused of neglect, abuse, and crimes against children have no idea how to protect their rights in situations where they or a family member are being investigated or accused of wrongdoing. They don’t know who to talk to, what to share, or what to say when they are aggressively targeted by an entire system with which they are unfamiliar. How these events unfold will impact a caregiver’s legal rights—and freedom—for years to come.
Developed the Child Welfare Section of the State Bar of Texas
Trained & Educated Thousands of Lawyers
Mike has created and taught Continuing Legal Education (CLE) programs that have trained thousands of lawyers on topics including CPS and child abuse, substance use, complex custody litigation, ethics, expert witnesses, human trafficking, record sealing, and many more at the following institutions:
- Advocacy University
- Healing Specialties Texas
- Houston Bar Association
- University of Houston Law Center Juvenile & Capital Advocacy Program
- Hudson Link for Higher Education in Prison, Sing Sing Correctional Facility
Conducted Years of Legal Research & Policy Analysis
In 2017, Mike was appointed Adjunct Research Scientist in the Psychology Department of Columbia University in the City of New York by Dr. Carl Hart and in 2022 to the Board of the Center for Science and the Law.
In 2019 Mike served the Texas Legislature as Policy Analyst on child welfare issues for State Representative Gene Wu.
Mike has a deep understanding of the policies that affect his clients the most.
Advocacy Founder & Leader
Mike has founded or served as a leading member of numerous advocacy courts, programs and organizations including:
- Commissioner, Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families (Children’s Commission), Austin (2015-21)
- Founder of first Juvenile Drug Court in Harris County
- Founder, Harris County Juvenile Human Trafficking Court, Creating Advocacy Resilience and Empowerment (“CARE” formerly “GIRLS” Court)
- Founder, Juvenile Sealing Program, with Houston Bar Association and University of Houston Law Center Juvenile and Capital Advocacy Program
- Founder, org, an Online Resource for Children in Texas Foster Care
- Council & Founding Member of Child Welfare Section, State Bar of Texas, Austin
- Board Member, The Way Home Adoption, Inc. (2019-24)
- Chair, Officer, Juvenile Law Section, State Bar of Texas, Austin
- Board of Directors, Center for Science and Law, Palo Alto, California
- Board Member, Criss Cole Children’s Foundation, Houston
- Member of Data Committee, Children’s Commission, Austin
What Other Family Lawyers Often Miss
While capable and well-meaning, a family law attorney without extensive experience in CPS and the Texas child welfare system may miss critical opportunities for intervention.
- The investigation stage is where most cases are actually decided. Many attorneys get involved only after a case is filed in court. Mike’s strongest results, an 80 to 90 percent rate of resolving cases before they reach litigation, come from involvement while the investigation is still open and the outcome can still be shaped.
- DFPS runs on its own internal standards. The “reason to believe” finding, the way caseworkers document a case file, and the internal review process are not taught in law school and are not how a courtroom operates. Mike knows this system because he ran cases through it and later evaluated it from the bench.
- Family court, CPS proceedings, and criminal court often move at the same time. A family lawyer who does not handle criminal matters, or a criminal lawyer unfamiliar with CPS procedure, is managing only part of your case. Mike has tried cases in both, up to and including capital murder.
- Termination timelines are strict and unforgiving. Once a child has been in foster care for a defined period, Texas law pushes the case toward termination of parental rights. Waiting to get the right attorney involved can cost you the time you need.
- Administrative review is underused. Most attorneys move straight toward litigation. Mike’s judicial and prosecutorial background lets him challenge a CPS finding administratively, often before a case is ever filed, which is why so many of his clients’ cases never reach a courtroom at all.
Press & News
Over the years, Mike’s involvement in countless high-profile cases has earned him national and global recognition in news and media:
What Happens When CPS Investigates Your Family
Every CPS case runs on a legal clock, starting the day it opens. Texas law sets specific deadlines for nearly every stage of a case, and parents who don’t know the timeline often find that major decisions are made before they realize a hearing was even scheduled.
If CPS removes your child without a court order first, a hearing happens almost immediately. Under Texas Family Code § 262.106, when DFPS takes a child into possession in a true emergency, without asking a court first, the court must hold an initial hearing on or before the next business day, or no later than the third business day if the court itself is unavailable. At that hearing, the court decides whether your child comes home or stays in state custody while the case continues.
A full adversary hearing must happen within 14 days. Under Texas Family Code § 262.201, the court must hold this hearing no later than the 14th day after DFPS takes possession of a child. DFPS has to show the court, by affidavit and testimony, why removal was necessary and why your child should not simply go home.
A status hearing follows at day 60. Texas Family Code § 263.201 requires the court to review your case and your family’s service plan by this point. This is a critical checkpoint for understanding what CPS is asking of you and how the case is trending.
Permanency hearings begin at day 180, then repeat every 120 days. These hearings evaluate whether your family is moving toward reunification or toward some other permanent outcome for your child.
The case must go to trial within one year, or it is dismissed. Texas Family Code § 263.401 sets this deadline, and a court can extend it by up to 180 days, but no further. If DFPS is pursuing termination of your parental rights, this is the outer boundary of the case.
Every one of these hearings happens on schedule, whether or not you have a lawyer in the room. Getting representation early is what determines whether you are shaping these decisions or reading about them after the fact.
How CPS Investigations Work in Texas
A CPS investigation typically begins with a report. Under Texas Family Code § 261.101, teachers, doctors, and many other professionals are legally required to report suspected abuse or neglect, but anyone can report, and reports are not always accurate.
Once a report is made, DFPS assigns it a priority level and begins an investigation. Depending on the severity of the allegation, agency policy calls for the assigned caseworker to make initial contact with the family within hours to a few days. The caseworker’s job is to determine whether there is “reason to believe,” under the statutory definitions of abuse and neglect in Texas Family Code § 261.001, that it occurred.
During this stage, parents are often asked to agree to a safety plan, allow a home inspection, or sit for an interview without fully understanding what they are agreeing to. What you say and sign during an investigation can shape the rest of your case.
Parents have real rights, even though CPS rarely explains them clearly. You have the right to know, in general terms, what you are accused of, to speak with an attorney before answering questions, to decline entry into your home absent a court order, to challenge a “reason to believe” finding, to a court-appointed attorney if you cannot afford one and DFPS is seeking to terminate parental rights, and to full representation at every hearing if a case is filed in court.
CPS must operate within the law, but those rights only protect you if you assert them early. Waiting rarely helps.
What You Should Do Immediately
CPS cases do not pause while you decide what to do next. Decisions made in the first days of an investigation are often the hardest to undo later.
- Do not delay contacting an attorney. CPS timelines move on their own schedule, whether or not you understand them yet.
- Do not sign anything without legal review. Safety plans, service plans, and voluntary agreements all carry real legal weight, even when they are presented as routine.
- Do not answer a caseworker’s questions without guidance first. What you say, even with good intentions, can be documented and used in ways you did not expect.
- Document every interaction with CPS. Names, dates, what was said, and what was requested of you.
- Gather records that support your parenting. School records, medical records, and anything that reflects the actual condition of your home and your relationship with your child.
- Get a CPS-specific attorney involved before the next hearing. General family law experience is not the same as CPS defense experience, and hearings proceed on schedule with or without you.
Mike’s best outcomes come from early involvement. The families with the widest range of options are almost always the ones who called before the case reached court, not after.
Other Practice Areas
Administrative Law
Navigating complex state and agency proceedings impacting families and children, including CPS investigations, licensing actions, and regulatory disputes.
Family Law
Custody, divorce, adoption, and parental rights representation for spouses, families, grandparents, foster parents, and caregivers fighting for the children in their care.
Criminal Law
Strategic defense in state and federal cases, including felony and juvenile matters impacting or triggered by child custody investigations and litigation.
Child Welfare & CPS Defense
We fight for clients at every stage of child custody battles, including CPS involvement—preventing cases from escalating to litigation or appeals whenever possible.
Civil Rights Law
Advocacy for caregivers, professionals, and individuals facing agency investigations or constitutional rights violations.
Your Advocate in and Beyond the Courtroom
When your family’s future is at stake, you need More Than a Lawyer—you need someone who has been involved in every aspect of the child welfare system.
Judge Mike Schneider (Ret.) brings decades of courtroom, judicial, agency, and policy experience to defend your family with unmatched insight and compassion.
Schedule Your Consultation Today!
Every moment counts when facing CPS, criminal, or family law issues. It is essential that we build your defense strategy as soon as possible. Let’s schedule a confidential consultation.
Consultation Fee Policy: Consultations for criminal defense matters are free. Consultations for family law and CPS/child welfare matters are subject to a consultation fee, which can be applied to a retainer or flat fee if hired. Mike Schneider Law PLLC reserves the right to charge a consultation fee based on the nature of the matter. Submitting this form acknowledges this policy.