Thank you for your patience
Lets start with some basics. Under TX law, only the court (the family court
in the county where the child is located) can modify custody of a child. CPS is a state agency (part of the executive branch of government) and they have the right to take custody for a short period of time to protect a child from danger. But CPS does not get to make custody decisions. ONLY the court can do this.
SO if CPS is not being reasonable with you? You will have recourse. That recourse is through the court.
Under TX law, grandparents may file suit requesting custody if they believe it is in the child's best interest. A court can authorize grandparent visitation / custody of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists:
The parents divorced;
The parent abused or neglected the child;
The parent has been incarcerated, found incompetent, or died;
A court-order terminated the parent-child relationship; or
The child has lived with the grandparent for at least six months.
SO the fact your daughter is in jail gives you the right to sue to get custody.
It is NOT automatic. That is important to understand. The court will only award you custody IF you can show that custody with you is best for the child. Certainly it is better than with mom...but is it better than with the foster family? That is the issue. If you can show that you will be a better home to raise the child, the court will grant you custody.
You have an edge from the start, since you are family
But it sounds like there are some issues. The prior CPS case sounds like the reason they denied you. But if you go to court you are going to be able to present evidence to the court as to what happened then, and why it is not an issue now.
SO I think you have a chance here.
But you need a lawyer.
This is a requirement.
The court will require you prepare and present evidence on this case, in accordance with the rules of evidence and procedure...so you need to have a local attorney file this.
The Texas State Bar's Lawyer Referral Service can assist you. You can contact the service at(NNN) NNN-NNNN
But if you can not afford to hire one, it may be you can find help through your county’s legal aid aid organization. Or consider networking with folks you know to see if you can find a lawyer who can assist you.
It sounds like you have a shot at this. You will need to show that the child would be better off with you than some foster family...but if you can do so? The court will give you custody.
Please let me know if you have more questions...happy to help if I can