Can you tell me what state your son and the mother and child are located in? (and if they are in different counties, please let me know where).
Are your son and the mother still a couple?
Is /was your son's desire to get custody?
He needs to get into the family court and apply for custody of his child against her in this matter and his paperwork should ask for liberal visitation rights in the alternative of the court not granting custody. If his lawyer has taken his money and not suggested starting a case like this and has not done anything for him then he should request a refund of the legal fees or demand that the lawyer get to work on his case and file the appropriate forms for your son to get custody rights (or at the very least court ordered visitation -- because if it is court ordered it is harder for the mom to play games with him because she can be hit with a contempt of court charge(s)). My first suggestion here is that he try to get the lawyer back in the loop -- contact the lawyer by certified letter and tell him that he would either like a refund of most of the money paid to the lawyer or he wants to immediately proceed with a petition for custody with the family court in the county where the mother resides with his son. If the lawyer does not respond again, then your son should contact the Texas state bar (the agency that licenses lawyers) and file a complaint for ineffective representation and ask the board for their assistance in getting some of the legal fees refunded to him based upon the fact that the lawyer did nothing for him under these circumstances. Here is an internet link to the Texas bar for assistance with attorney complaints: http://www.texasbar.com/AM/Template.cfm?Section=Complaints_Against_Your_Lawyer
While that is happening, your son can go to the county family court and ask for the forms for custody / visitation at the clerk's office. If he needs assistance to complete the terms he should contact the nearest county law library and ask to get an appointment the reference attorney available at all of the county law libraries. You can find the law library either on line or by telephoning information for the number. Once he gets in front of the judge he can bring up all of these matters and ask that you court should contact child protective services to investigate these matters and/or he can also ask the judge to appoint a guardian ad litem (GAL) -- who will investigate both parents -- parenting skills, living arrangements, talk with his son's counselors and teachers and doctors and then the GAL will make a custody recommendation to the Judge (also visitation recommendations with a schedule if he is going to get visitation and not custody initially until the court investigates this thoroughly). So, your son has a lot of legwork if he wants to handle this himself, but I do have one final suggestion -- he should not relinquish his rights -- because the judge may let him do that but then he will still have to pay child support -- and that is not a good situation (he will have none of the benefits and joy of being a part of his child's life, but all of the aggravation of having her hound him for the child support payments anyway).
I hope this helps. Good Luck.
He should seek custody now even though there is an "open" cps case and that will force cps to get working on it and finish this up and perhaps at least get him some visitation in these matters. The judge will not hang around and wait for CPS like the rest of the world -- he will give some leniency but it will get moving. Your son should ask for the guardian ad litem (GAL) in this case also -- because he will get another opinion on top of what cps is doing that shows that anything that he is doing is correct and moving towards a healthy relationship with his child. I wish I had a magic wand to roll everything up for you here but it simply does not exist.
Actually -- I was surprised that you had not accepted sooner and I would appreciate it if you would do so. You can report his lawyer -- however, suing the mother may backfire and make him look like a bully (especially if she has no money to pay anything). If suing might get him visitation a little sooner than I suppose it is a good strategy point -- but the mothers always get a lot of sympathy in these situations.
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