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I just lost a temporary custody hearing and would like to know the process, and likely hood, of having a Guardian Ad Litem

Austin, TX |

Appointed to my case. The mother has Felony charges for prescription fraud against her in CA, OR and TX. She recently spent 2 years in a Substance Abuse Felony Program. When our son was born, 4 years ago, they found drugs in his urine so CPS opened a case on us. When he was 3 months old CPS conducted a random visit and found his mother passed out on the couch with our son nearly smothered in her arms. CPS made me the primary and told the mother that she could only be around our son with adult supervision. So at 3 months we had to put our son in day care so I could go to work. She tried to commit suicide when she was 2 months pregnant. She has an outstanding non extraditable warrant for her arrest in OR. She transferred her probation from TX to MS and fled with our son 3 months ago.

Attorney Answers 3

  1. I can’t imagine how you lost. Was that in a Texas court?

    This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.

  2. I need more information to understand your case. What you mean by "lost" the Temporary Orders Hearing? Who filed what and where? Etc. Why do you think you "lost"?

    Was there was a prior order that you were the primary conservator and that she could not have visitation with the child? Did you request finding of contempt?

  3. Are you Travis County? Q says Austin, so I'm assuming so. Answer will differ slightly in WillCo or elsewhere.

    The answer of getting a GAL depends if your case is in the CPS court system or not, which is unclear from your question. If CPS, then you can just ask at the next hearing, and mostly likely a GAL will be appointed from CASA of Travis County, at no charge to you. If it's not a CPS case, you or your attorney 'll need to set another Temporary Orders Hearing, and 3+ days before hearing, you can move for judge to appoint a GAL from the Travis Domestic Relations Office. In this case, one of you will most likely be court-ordered to pay a fee for this, $500+ depending on what you or the judge asks the GAL to do.

    You really need to consult a family attorney about your situation. Even if you don't hire someone, probably worth a little money to ask about next steps. You don't say what, if any, your own skeletons in the closet are. Even if the child's mother has a terrible history, possible if she was in CPS system and working services (gotten clean, taken parenting classes, etc.), they would have worked with her to return child. Or there might be jurisdiction issues which caused you to lose--again, cannot tell from the q. Talk to a lawyer who can sort through this with you!

    Christine Henry Andresen •

    The above is legal information, not legal advice. If you have not paid me and signed a contract, we do not have an attorney-client relationship and I am not your lawyer. • Christine Henry Andresen •

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