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My ex wife has custody of the kids but she has had cps cases on her and now left them with grandma for 6 weeks now can I getem?

Sweetwater, TX |

I live in texas and she lives in california she has had the cops and cps visit her house and kids have been in domistic violince because of bad boyfriend that she continues to see. She drope the kids off to her mothers house six weeks ago and there has been no contact with her with the girls, nore do we no where she is there has been no contact .... the kids grandmother are very worried about the safty of the girl and I would love to get them and grandma knows that her daughter can't take care of the girls. Can I get them would I get in trouble is it kidnapping? I need help please help I love my girls and just want them to be safe.

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Attorney answers 3


I would not suggest taking matters into your own hands and using self-help methods. You should go through the court and request a change of custody. I strongly suggest that you contact local counsel to assist you with this process. Good luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


I agree with Mr. Lewis and want to add that if the case is out of California, you will need a California attorney to file for modification. You should act quickly, before mom wanders back into their lives with her boyfriend.

The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state



Thank you for the advice i got a lawyer and got a ex parte and as of last Friday i have custody of my girls and they are safe,ill be flying out this weekend to get them and bring them home to Texas with me.

Theresa Cay Langford

Theresa Cay Langford


That is wonderful news for you and the children - you clearly chose an excellent attorney. Take care, and I hope the future is good to you.


If you are the children's father then you can pick the kids up on your next scheduled visitation. If you feel the children have been abandoned by their mother then you will need to file with the court who has jurisdiction. Speak to an attorney immediately to find out your options or the grandparents may have standing to fight you for custody.

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