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What are the chances of me winning custody of my daughter?

Fort Worth, TX |

My child's mother just got out of rehab , CPS gave me temporary custody for the last five months and the time has come for CPS to close the case and we are supposed to go back to the original custody agreement . She was busted using met with her boyfriend , it all ended when she was put in jail for theft . She spent 3 months in inpatient rehab trying to get things back on track . Well her boyfriend is now out of jail on bond , he has a long rap sheet . This time it was for possession of a CS and assault on my child's mother . He is a registered sex offender , he has a few other felony charges for possession of a CS ( 2 ) , public lewdness ? , and another assault on a family member . She recently had a child with this guy . I have a feeling she is going back to him even though she swears she isn't .

Attorney Answers 3

Posted

Remember, CPS is not the judge. It is a judge's job to determine what is in the best interest of your child. CPS is just charged to make sure the child is ok. All they care about is what is "good enough". The court cares about what is "best". So absolutely you can file for custody and there should be no reason that you cannot win. Since there is an order in place, you need to show that there has been a substantial change in circumstances since the entry of the last order. Obviously from your fact scenario, there has been. Mothers do not get any preferential treatment in court. In fact, there are cases that say just that. If you believe that it is in your child's best interest that you have custody, file that motion to modify custody and seek immediate relief.

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Asker

Posted

I completely understand that CPS has little to no legal authority. As far as being able to do a motion to modify how would visitation be? Obviously, this man is a registered sex offender and I don't want my child to be around him and her judgment is clearly not great so could I get supervised visitation? Thank you for your help!

Benjamin Robert Peppard

Benjamin Robert Peppard

Posted

Yes, from the facts above (mom's substance abuse issues), and based on the same reasoning, this would very likely warrant supervised visitation.

Posted

Do you have an attorney? If not, hire one immediately. Your chances of keeping this child are excellent if you can present this evidence to the judge. Look on this website & hire an attorney today!

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Posted

You have some great facts on your side for being granted primary custody of your daughter. But, you will need to have the custody order modified by a Judge after filing a Motion with the Court. I suggest contacting a local attorney asap to get a hearing set on your matter. Do not wait until your daughter goes back to her Mother under the original order, Judges like to keep things consistent or status quo, for the children, and not moving back and forth between parents. Good luck.

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