Family Law Questions? Ask a Family Lawyer Online.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you know whether the step-mother has obtained a court order of custody of the children? If so, was it in the same court which granted you grandparent's visitation? In which state were the orders entered?
I look forward to assisting you as soon as I have received this information. Thank you.
First she is a ex stepmother I don't know if she has yet but she said she was file for everything she could as well as getting Jessica to sign over her rights the court house is in Wichita county Wichita falls :
I see. Thank you for clarifying that, Cynthia.Normally, you can file a motion for contempt against the custodial parent or guardian if they do not abide by the terms of the court's order. However, if the person who has possession of the children has not yet obtained an order of custody, then that would normally not be appropriate against them, but you could seek guardianship of the children yourself through the court since she is not a court-ordered guardian at this point.You would typically need to persuade the court that it would be in the children's best interests for you to take possession of the children rather than the ex-stepmother would not have any legal right to the children.You should retain a local family law attorney to represent you in this matter though. If the CPS is involved in a complaint filed against the ex-stepmother, then the results of their investigation could aid you in gaining guardianship as well.If you cannot afford an attorney, try contacting the local legal aid offices to see whether you qualify for low cost assistance through them. It sounds as though the children need some stability in their lives and since you have had a continuing relationship with them, you may be the best one to provide that for them.
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