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I have had my husbands cousins baby since he was 4 weeks old he is now 4m cps placed him with us under a saftey plan.

Grand Prairie, TX |

the mother is on drugs sells her body and is all around crazy. We have pics from her post selling her body on craigslist pic of her drugged out on facebook and text from her when she took off and said she does not no if or when she is coming back. She moved out of town and is now trying to get the baby and his case moved there. We are wanting to go to court to get custody do we have a shot. We live in tx

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Attorney answers 4

Posted

Please hire an attorney if you don't have one. You need evidence & witnesses to show to the judge what you are claiming. No judge wants a person like you describe to have a baby. Please protect this child! Good luck!

Asker

Posted

we are trying to get one its just they all cost so much. We do have alot of evidence as in pic and text plus here facebook. The baby has been really sick due to drugs and has to see a lung doctor. Thank you so much for your answer

Posted

If CPS placed the child with you under a safety plan, the mother's access to the child should already be limited. It seems unlikely that the court will be moved just because the mother moved and wants it changed. Judging from the conduct that you referenced in your question, it doesn't sound like the mother has a good chance of getting the child back anyway. CPS will have to continue to be involved. It sounds like you already have custody of the child, the determination will center around what the safety plan states from CPS. For you to get custody and challenge mother's parental rights, mother needed to have left child in your care for 6 months for you to have standing to try and get custody. The main consideration for any case involving a child is the "best interests of the child," so focus on that. I recommend consulting an attorney to better explain the facts surrounding your case.

Asker

Posted

Thank you for getting back to me. Cps is involved but it is under just a safty plan. The mother wants the baby with her mom who has had drug issues 10 years ago and we are just hoping they dont move the baby. Cps here is saying they want the baby with us but i dont no if cps were she is can have the baby moved. Do you think if we bring pic and all we have on her before a judge we would have a shot with what im telling you and if so what should we go for custody of what. We only want to keep the baby safe

Christopher James Archambault

Christopher James Archambault

Posted

Well from what I've seen lately, if this was a voluntary child safety plan, then the mother had to sign off on you getting custody of the child. Much of it depends on what the safety plan says. Since CPS didn't get a court order to remove the child, you will probably need to request permanent custody. If nothing has ever been filed with a court regarding the child, then CPS is responsible for transferring it. Again, since you have custody, I'm skeptical as to whether that would happen. I would recommend talking with CPS about filling with the court and getting an order instead of a safety plan. I think you have a good argument for maintaining custody. But again, if you are serious about this, you will need an attorney.

Posted

The mother should not be able to transfer the case because transfers are based on the location where the CHILD lives, not a non-custodial parent.
Before you have standing to petition for managing Conservatorship you must have had "care and control" of the child at least 6 months.
Contact the CPS caseworker & let them know what she is up to.
Consult with a family law attorney in your local area who is active in the practice of CPS related cases law. And bless you for protecting this child!

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

Posted

Hire a family law attorney immediately! Since the child has resided with you for more than 6 months you have standing to petition the court for custody of the child. If everything you say is true and you have the evidence, you have a great chance of maintaining custody and limiting mother's access to supervised visits. I would also consider terminating her rights. Good luck!

Vicki Elaine Wiley

Vicki Elaine Wiley

Posted

No standing yet. Child is only 4 months old.