The Texas court must order that the child be placed with the non-custodial parent and dismiss the case if:

  •   the caseworker does not have concerns with the placement after assessing the non-custodial parent; or

  •   the court finds that the non-custodial parent is fit after conducting the hearing. 

Before the case is dismissed, the caseworker must take the following actions.

Addressing Issues in Transporting the Child

If the non-custodial parent does not have the financial means to pick the child up from Texas, the caseworker must address this issue with the court before dismissal. At that time, the court and the Texas caseworker must determine the most safe and appropriate way to get the child to the non-custodial parent.

Prior or Existing Custody Orders

If the non-custodial parent is not already represented by legal counsel, the caseworker must inform the non-custodial parent to consult an attorney or legal aid to determine if:

  •   there are any prior existing custody orders that need to be modified; or

  •   the non-custodial parent needs to seek legal custody of the child after placement.

The caseworker may refer the parent to private legal aid resources that can help the non-custodial parent modify any prior existing custody orders or seek custody if there is no existing order.

Once the appropriate actions have been taken, the caseworker must request dismissal of the case.