Medical Kidnapping Attorney in Austin

Serving Families Across Central Texas

It is a parent’s worst nightmare: being told that your child is not safe in your care, and that you are being reported to Child Protective Services (CPS). It is devastating to have your child taken from you and placed in the care of strangers. But it is even more devastating when the reason your child has been taken from you is that you have chosen not to follow a doctor’s advice regarding medical treatment, or have chosen to seek a second opinion.

Whatever the reason, if you have been falsely accused of medical child abuse, or if your child has been taken from you by CPS or a hospital, you need an experienced medical kidnapping attorney to help you fight to get your child back. Our attorneys at Carroll Troberman, PLLC have experience handling medical kidnapping cases and can help you get your child back.

For a consultation with our Austin medical kidnapping lawyers, call us at (512) 772-2442 or contact us online. We represent families across Central Texas.

What Is Medical Kidnapping?

Medical kidnapping occurs when your child is taken from you by a doctor or hospital and placed in the care of CPS because you have not followed the doctor’s advice regarding medical treatment, or because you have chosen to seek a second opinion. Medical kidnapping can also occur when a doctor or hospital has falsely accused you of child abuse.

Children who are medically kidnapped are often subjected to unnecessary medical tests and treatments, including potentially dangerous drugs. This growing problem is spreading across our state, and parents may need help exercising their rights in these matters. Thought this problem is not well known, our attorneys at Carroll Troberman, PLLC are committed to raising awareness and helping parents protect their children.

What Are the Laws Regarding Medical Kidnapping?

Some states have laws that allow doctors to take a child from a parent if they believe the child is in immediate danger either medically or physically. In Texas, this usually happens when dealing with doctors who provide consultations for the Texas Department of Family and Protective Services (DFPS).

These doctors wield a lot of power that can tear families apart if they use that power negligently. However, Texas passed a law in 2021 to help parents claw back their rights in these situations. The new law allows parents to get a second opinion when facing child abuse allegations from forensic specialists working with DFPS.

Remember, doctors are mandated to report child abuse when they see it. However, this does not give them unilateral power to take away your child, especially in a situation where injuries have another explanation or other medical options may be available for your child.

Our attorneys at Carroll Troberman, PLLC are experienced in handling medical kidnapping cases and can help you fight to get your child back.

What Can I Do If My Child Is Being Medically Kidnapped?

If your child has been taken from you, the first thing you should do is hire an attorney who has experience handling medical kidnapping cases. 

You should also:

• Document everything: Keep a journal of everything that has happened, including dates, times, names of people involved, and what was said and done. Take photographs and/or videos of your child, including any marks, bruises, or injuries. Keep copies of all medical records and other documents related to your child’s case.
• Get a second opinion: If your child's doctor threatens to call CPS, or you believe your the doctor is considering reporting you for child abuse, seek a second opinion. Let the medical professional know you will seek another opinion, and act as soon as possible. If the second opinion is different from the first opinion, use it to challenge the first opinion.
• Get support: Reach out to other parents who have had their children taken from them by authorities due of medical disputes. They can provide you with information and support.

How Can a Medical Kidnapping Attorney Help Me?

If DFPS has removed your child from your custody, you need an experienced medical kidnapping attorney to help you fight to get your child back. Our attorneys at Carroll Troberman, PLLC can help you with every aspect of your case, including:

• Gathering evidence to support your case.
• Representing you at all court hearings and other proceedings.
• Negotiating with DFPS for the return of your child.
• Helping you get a second opinion if your child has been taken.
• Filing a lawsuit against DFPS and/or the medical physician or facility for the return of your child and damages

How Long Does It Take to Get My Child Back?

If your child has been taken from you by DFPS, you are probably wondering how long it will take to get your child back. Unfortunately, there is no easy answer to this question. Every case is different, and the length of time it takes to get a child back depends on many factors, including the facts of the case and Texas law.

Generally speaking, there will be an adversary hearing 14 days after the removal. An initial permanency hearing will be held 180 after removal. Meaning it can take anywhere from a few weeks to several months to get a child back. The best thing you can do is hire an experienced medical kidnapping attorney to help you fight to get your child back.

The seasoned attorneys at Carroll Troberman, PLLC know how medical kidnapping cases work and stand ready to assist you in reuniting with your child.

Call the Medical Kidnapping Attorneys at Carroll Troberman, PLLC Today

There is no time to waste if CPS has taken your child, you need skilled representation to help get your child back. Our attorneys at Carroll Troberman, PLLC are ready to help support you in this fight.

We are committed to helping parents protect their children and have a proven track record of success handling medical kidnapping cases.

To schedule a consultation with our Austin medical kidnapping attorneys, call us at (512) 772-2442 or contact us online. We represent families in Texas and across the nation.