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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113508
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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We are parents. we had been taken care of a baby girl that

Customer Question

Hello, we are foster parents. we had been taken care of a baby girl that we picked up from the hospital ourselves when she was just a month old. she is now 15 months. it had gone to trial and then had been recessed until August 16th. things were looking good we thought on our end but then the grandfather, the mother and there lawyer got sneaky and got a court hearing this Wednesday with the Cps attorney and the supervisor and the judge granted some kind of joint custody to the grandparents and the mother, I forget what you call it. now keep in mind the grandparents in the very beginning of this case did not want to be the caregivers of this child and they were given three to four chances to do so and said no each time. The judge, Eric Andell is the one on the case and we were warned he was pro family. No other relatives stepped forward. I have more to say about it that leads to the question I'm wanting to ask and would prefer a phone conversation. thank you, ***** *****
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: we are in Texas
JA: Have you talked to a lawyer yet?
Customer: yes we have a lawyerr but feel we didn't get the help we needed
JA: What advice did they give you?
Customer: well Cps keep telling us to wait and not intervene unless a relative stepped forward so our lawyer said then we will wait but we should not have listen and moved forward on the motion for the child to remain in our home
JA: Anything else you think the lawyer should know?
Customer: cps never gave us a chance to speak in the court hearings on behalf of the child and then the grandfather kept denning he never said they didn't want there grandchild. cps was going for unrelated adoption. this child only knew us as her parents and she was taken from us Thursday to live with the grandparents. rights have not been taken from the mother, but she has joint custody but is only allow supervised visits in the grandparents home, so the child can only reside with the grandparents. The case is considered closed. what we want to know is can we do anything to fight to get her back in our home or not?
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if the court ordered reunification, there legally is not much you can do other than spend money on attorney's fees. The US Supreme Court has stated that the rights of the parent to their child are a basic fundamental right (basic civil right) and the court is not to interfere unless there is clear and convincing evidence the parent is still unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
So, the court can give joint legal custody back to the mother with physical custody to the grandparent as a relative caregiver and unless you can show by clear and convincing evidence they are unfit, I am afraid that you would not be able to overcome that legal right provided by the US Supreme Court.