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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26505
Experience:  16 yrs. of experience including family law.
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I am trying to get my grandaughter thet is 2 months old i have

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I am trying to get my grandaughter thet is 2 months old i have tried to work with CPS and as doing that they have tried to make me & my family look like criminals in this matter trying to get my grandaughter. I want to know what can i do, what are my rights. To be frank yes my husband and i have been arrested before i had a previous cps case where my children where taken back in 1999 and was returned to back to me showing that it was not abuse. Even at that time i was a single mom and it was my older daughter that the case was surrounding because i spanked her for acting out at school they came to my home investigated and was not taken at that time but the next day due to a mark on her neck all 3 of my children where taken. I advised to cps the make was from the kids horse play when my son jumped on her back but they did not listen. i really just don't know what to do. That was over 14 years ago now same child has had a child and i am trying to get my grandaughter, i already have my grandson which is 5 and he has been in my care since birth. What can i do to get my grandaughter also we are not bad people we love her and want her to be with family but cps thinks diffent. Thank
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ma'am can you give me some insight into what is going on with the parents of the child? And why CPS is involved?
Customer: replied 1 year ago.

My daughter in in jail and now in a mental inst. in Conroe TX


 

Expert:  P. Simmons replied 1 year ago.
Thank you ma'am

And the father? Is he in the picture?
Customer: replied 1 year ago.

I do not know whom the father is and cps is unable to find him but my daughter gave two name but not sure if the are the father of my granddaughter.

Expert:  P. Simmons replied 1 year ago.
Thank you

A few more questions please

1. Have you had custody of the child prior to this (either with permission of CPS/Court or with the permission of mom)? If so for how long?

2. How is it your are attempting to gain custody now? Are you working with CPS directly? Or are you using an attorney and going through the court?
Customer: replied 1 year ago.

When my granddaugter was born 4/25/2013 i got a call from CPS which at the time i was in jury duty. I missed the call and next i know during the break my husband txt call urgent CPS is at our house. I did not know my daughter was having a baby due to she was not communicating with me and was in jail at the time and when she had my granddaughter. I informed once i made it to the house that i would be willing to get my granddaughter also the same as i did for my grandson because she is family, but i did not want the events to be the same as my grandson cause i felt at that time he was just another file they wanted to get off their desk. My granddaughter is sick she is still in the hospital. I was the one to go to the hospital as they need some one to do paper work for her care for medical care. Cps did not get full custodinanship until after i did all the leg work for my granddaughter to have surgery. I have tried to work with cps, they have lied to me about the home study, lied on the doc's of the home study. I called case works, mgrs, program directors to just get info. about the home study. The calls i made was not returned. How i found out about approval/decline was with the attorney for my granddaughter that we were declined. Then after several calls to the cps case workers mgr she called me back yesterday. Then i got the full details of why it was declined and was told that we were not willing to give doc's regarding our back ground which i informed why would i keep anything from them which would be public record. When i spoke to the case work on Thursday after calling from a diff. # XXXXX caught her off guard she still did not tell me why refused to speak to me when i was asking questions...I even had my mgr who is a foster mom. heard how she would not answer any of my question and was very hostile and stated you can speak to my mgr and stated i must have something to hide.

Expert:  P. Simmons replied 1 year ago.
Thank you ma'am

That is helpful.

Can you tell me, if you know, what has CPS decided to do with the child? Have they selected a foster family? If so, is that family related to your grandchild?
Customer: replied 1 year ago.

They decided to put my granddaughter in Foster care and no it is not family. I did give them my mgr's name which she is a foster mom, but i don't think they are considering that. Just based on how the case worker spoke to her and told her she needs to call her agency.

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

I am sorry for this dilemma.

Give me a few minutes and I will type up some thoughts for you.

Customer: replied 1 year ago.

ok thank you very much for your help

Expert:  P. Simmons replied 1 year ago.
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
Customer: replied 1 year ago.

This gives my heart great joy, and i am almost in tears. Thank you for the advice because i almost felt the CPS was the judge and the jury. I will seek legal help in this matter. Thank you once again. I will give you a update to let you know how it turns out. Thanks a bunchLaughing

Expert:  P. Simmons replied 1 year ago.
Ma'am thank you....and I wish you the best of luck in this fight. A good lawyer...that is all you need!

take care

Phil

P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26505
Experience: 16 yrs. of experience including family law.
P. Simmons and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I want to tell you once again thank you for the information. I am sad to inform you yesterday may granddaughter passed yesterday. My heart is so sadden, so very hurt instead of fighting for her to come home i am now planning a funeral. Thank you once again for you support.

Expert:  P. Simmons replied 1 year ago.
Ma'am, I am sorry. Truly sorry. A parent or grandparent should not have to bury their child.

Thank you for sharing this with me.

I wish you the best through this trying time.

Phil

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