CPS says they can't close my case since my husband has filed legal action. I was told by one attorney that my ex didn't file for custody for my two children, just the one that we had together. My caseworker said that if I can prove that's the case then they will return my two children to me. How can I figure out exactly what he has filed in me? Can I just ask his lawyer? Would the court be able to tell me?
If he filed, you can read the pleadings to see. Most are accessible online.
Sounds like you are not represented by an attorney? If not, you can call your ex's attorney to ask. They may or may not want to communicate with you.
It would be best for you to hire an attorney.
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I recommend you get some legal advice--in the very least. Hire an attorney of your own if you can. If you cant hire someone, then go for a consult with someone or go to a local clinic or pro bono service to see if they will represent you or give you advice. Dallas is a big place---Im sure there are some pro bono services there, where, if nothing else, you can get limited advice from an attorney. If you have to represent yourself, you can ask your ex's lawyer what his position is. Just know, he or she is not going to give you advice and can answer your questions as he or she would to your attorney (if you're not represented). Also, with CPS, you may have to be persistent. Keep copies of all communications and ask to speak with a supervisor if you are not getting answers. If an when you do get communications from them that your case is closed--if you have a right to ask that the file be "destroyed" or deleted from public record, be sure you act on it and keep a copy!!! Good Luck! Hire an attorney or get some advice ASAP if at all possible!
Check the public records in the district court in the county where the child resides. I see that you are in Dallas. Go to the Dallas County District Court website. You can search by the name of any of the parties.
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