In 2009 I had a CPS case for abuse. At the time I was 18 and was not in a stable location. When my daughter was born in 2006, I opened a Child Support case including a paternity test. My court ordered paperwork states I am the custodial parent. I was drug tested while my child was in my custody. It came back negative. Once I gave her to her father, temporarily, the cps case worker performed a UA. It did come back positive for marijuana. I was ordered to complete Drug classes, but never did so. The case was closed and was unfounded on the allegations of physical abuse. I was never taken to court by cps, and have checked with my local Court house. Only thing they have on file, is the Child Support paperwork from 2009. He has moved multiple times in the last 9 years. I have gotten information on locations he had lived at, but never was at any location when I would go check them out. He is a convicted felon, and was able to get my child because of his wife had no history. I just found out he was charged again with domestic violence. They are no longer together, and I want my child back. Can I pick her up with the paperwork from child support?
Wow, but this is a loaded series of questions. Where is the child? Was the child removed due to the domestic violence in the home? If so, your best bet is contacting CPS and to begin working with them to try to orchestrate return to you -- but CPS is likely NOT to forgive the old case, and to require some parenting classes and drug tests in light of the prior referral. Good luck to you.
Elisa Maloff Reiter, Esq. is accepting cases in Dallas, Denton, Collin, Rockwall and Tarrant Counties. The advice given here is not and should not be taken as a substitute for in-person consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. Mrs. Reiter is Board-Certified in Family Law by the Texas Board of Legal Specialization. More information can be found at www.elisareiter.com.
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