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schollomon, Lawyer
Category: Family Law
Satisfied Customers: 55
Experience:  I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.
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I had a baby last week and when I was in the hospital cps came

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I had a baby last week and when I was in the hospital cps came in and said I had failed a urine test for marijuana when I had been in the hospital about a week before. I have had problems with cps in the past once in 2009 and I just gave my mother custody of my son instead of dealing with them and again in 2010 when I had a baby and tested positive for marijuana. In 2010 I went through the whole process and completed everything. CPS is taking me to court this time and wants to remove me from all contact with my children for 1 year. I told them I would give the children to my mother and sign over all rights if necessary but they said they will put them in foster care if I do that. Can you please tell me what my rights are and what I can do to keep from not being able to see or even speak to my children for a year.

schollomon :

I strongly advise you to get a local attorney to represent you in this matter and request a hearing with the judge on the issue of your visitation with the children while they remain in CPS custody. Unfortunately, as long as the children are in the custody of CPS, then the agency has the right and the duty to make decisions that are in the best interests of the children. From the information you provided, it sounds like they have some concerns at least about drug usage concerning your possession and access to the children. Therefore, your options are very limited at this time -- essentially, you must comply with all the requests they make of you and with the guidelines that they put in place regarding your possession and access. However, this could change if the judge determines that you should continue to have access and visitation with the children while they are in CPS custody. So you need to get a judge involved by requesting a hearing and the best way to get this ball rolling is to obtain a local family law attorney who is experienced with CPS cases.


This happened Thursday afternoon and I am supposed to go before a judge on Wednesday. I am in a very rural area and the attorneys in this area don't really specialize in anything they just do everything. Do you think that will be good enough.

schollomon :

I do think that will be good enough. Usually in a rural area like yours, the attorneys are well known and well respected by the local judge. When you contact an attorney, be sure to provide them with detailed information regarding your case and your specific history with CPS. As long as they are generallly familiar with family law, they will be well-equipped to help you argue that you should have visitation with the children during the time period that they remain in CPS custody and that you should not be prevented from seeing them for a year. You want to make sure your attorney knows everything about your case before you go before the judge on Wednesday so that he/she can provide you with the best representation.


I would like to thank you very much for all of your help.

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