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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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my daughter has been in her mothers care for the last 2 years...

Customer Question

my daughter has been in her mother's care for the last 2 years... she has made it difficult for me to see her. Neither of us ever sought custody, the mother has always done drugs and is currently living in a homeless shelter with a new baby. I just received confirmation that my daughter is in her parents' care, who also do drugs. The mother claims that her parents have custody. Is this possible that they have been granted custody without my knowledge or consent?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Were you ever married to the mother?
did you ever establish yourself as the legal father by acknowledging paternity?
Customer: replied 1 year ago.

No we were not married. Yes I am on the birth certificate


 

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - You have the right as the father to file an action for custody in the family law court in the county where your child is residing. It is doubtful, but not impossible, that the grandparents have established legal custody. The only way I know of that could have happened without your knowledge is if they filed a court action and claimed they didn't know your whereabouts and you were served by publication. In any case, you have the right as a parent to ask the court for custody of your child if that is what you want to do. If all you seek is visitation then you can file a motion for a determination of custody and for the court to award visitation to you. As a parent you have priority over the grandparents in a custody action and unless the grandparents can show you are unfit to raise your child you should be able to get full custody.
Customer: replied 1 year ago.

I understand all legal services are different in terms of cost depending on the attorney fees, in general is this specific process a very expensive one? I do want to seek full custody, do I need a lawyer or is there a simpler way to go about filing for custody? I do not have a lot of funds, and only want my daughter in better care than she is in. CPS wouldn't blink an eye at taking her from the custodians she has now.

Expert:  Dave Kennett replied 1 year ago.
You are permitted to file your own case without an attorney. Although I am not permitted to provide specific legal advice or prepare documents from this website I have provided the Texas "Self Help" website which contains forms and other information for the public in the preparation of their own case. Another option is to contact CPS and se if they will remove the child from the home but then you would have to apply to CPS for custody and that is not always the easiest thing to do. Once they get in charge they don't always do what you want so if you can file your own case you may be in better shape as far as getting custody without having to deal with CPS> Here's the website:
http://texaslawhelp.org/resource/do-it-yourself-court-forms-free
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you very much you have helped me a great deal to heading in the right direction!

Expert:  Dave Kennett replied 1 year ago.
No problem and thanks for using our service - Dave

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