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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My daughter never married either fathers of two children. her 8day old

Customer Question

my daughter never married either fathers of two children. her 8day old infant passed. cps placed her 6yr old who is now 8{ Ava} with her father. my daughter {her mother} gets an 8 hr supervised visit 2x a month she pays 160$ each visit for a court approved supervisor. her father {shane} refuses me her grandmother visitation.cps is still involved.she then had another child with the same father {Jeremy} as deceased child during her case jeremy did not go to court,submit drug test, parenting classes when she became pregnant 2nd child born Aila, cps allowed her to foster Alia, but she&Jeremy were NOT live together & he was have supervised only.cps closed ailia case. since then Jeremy has a deferred drug convictionbut completed parenting class.mother was AGAIN REPORTED TO CPS and has an open case. they do not know they reside together.what are my chances to court ordered grandparents rts?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard
I am sorry to hear of this situation for you and your family.
Please tell me how long has it been since you last saw your grandchild?
And prior to the last visit, how often did you see the child?
Would you say that during that time you spend with the child a relationship and bonding formed between you?
Customer: replied 2 years ago.
when sara and Jeremy are split she leaves baby ailia with me and others for days at a time . I had ailia for three straight weeks in march. she is now mad at me for not giving her 3000$ more for a sickle trait expert for a wrongful death case and is refusing to allw me to see baby ailia.she has physically fought both father and his mother in front yard. but is now living with father again in secret. sara hasto have supervised visits with daughter ava because she cusses and argues with everyone in front of the children . mental abuse I guess. in the last year I am only allowed by shane to see ava with sara on her supervised but she has been increasingly abusive to me during these visits as she was the fathers mother that got her supervised visits set in place by cps. I saw ava once in novenber once in December and 2x with new supervisor. ava begs to come spend the nite and or visit me without her mother father denies
Expert:  Samuel II replied 2 years ago.
Thank you
While CPS cannot order the parents to allow you visits, I suggest a Petition for Grandparent's rights would be successful because you have been there and you have formed a relationship with the children.
In Texas, you can file the Petition in the court where the children live
The law will allow the visits where the grandparent can show it is in the child's best interest to continue that relationship. And it permits the Grandparent to file when
1 - The parents have never been married;
2 - They are divorced;
3 - There is a court ordered termination of parental rights OR
4 - The child has lived with the grandparents for at least six months.
So anyone of the above gives you the eligibility to file in the Superior/Circuit Court where the children live. It will be up to you to show why it is important to the child's best interest to have those visits.
Customer: replied 2 years ago.
sara previous sitter reported sara on { ailia 13 months} to cps they reopened her closed case so second case since birth... sitter recommended ailia be placed with me grandmother until sara can get herself under control. sara recently attacked this sitter on fb as well. she is in therapy but lieing to everyone that she is living with father kicks him out every other week he has had a drug problem recently got a deferred case and for the first time in three years has kept a job two months. however police were knocking on mothers door becacause father Jeremy after doing drugs with neighbor reused to leave and was telling her the size of his penis. I don't want her to have her daughter go into the system but want rts to monitor her
Expert:  Samuel II replied 2 years ago.
I understand. You also can apply to have the child in your guardianship.
Again, that is a Petition process with the court in the county where the child lives.