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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
Here CPS has a voluntary placement agreement.This is a contract to allow one parent to have the children.Eventually the parent that takes the kids would need to file for custody or modification of custody if this is a permanent thing.Only a District Court judge here in Texas can award legal custody to a parent and resolve these issues, judge would also set support here as well.
This is the petition the person getting kid can file in the court where custody orders were made to modify it.
Judge has to agree and sign off here.
No but CPS here can act as a middleman and take custody and place them with other parent.They would the monitor the whole situation and if there are problems with new home they can pick them back up if necessary.If mom is able to get job and place for kids, etc then CPS would return children from other parent.But here she can use CPS to protect her rights and the kids really as well.
CPS can act as a monitor to protect kids and see if mom can get her act together.By federal law they would seek to reunify the mother to her kids if she can meet the requirements, get job, place to live, etc.You can seek to have CPS deal with custody and placement to other parent and they monitor both to make sure mother can get kids back if she can improve her situation.
So the father if he wants the kids will need to use the forms to file to modify custody or just take them and worry about it later.Thats the best she can do here.