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RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I'm ***** *****, and I have a question regarding temporary

Customer Question

Customer: Hi, I'm ***** *****, and I have a question regarding temporary custody
JA: Thanks. Can you give me any more details about your issue?
Customer: It's complicated, but aren't they always? Ok so this is the story My boyfriend and his ex-wife were arrested 2 years ago with their kids. CPS asked if there was a relative who could take the kids, so my boyfriend's cousins took the kids. There was never a cps case opened. He has since divorced his wife, and is stable, clean, etc. He has been going to see his kids at least 2 times a month for the past 4-5 months, and he asked to have the kids come stay 10 days during Christmas. His cousin has said no. There was never a court order or a cps case opened. He wanted to have the kids during Christmas with the goal of them living with him full-time come March or April. What does he need to do?
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Submitted: 1 year ago.
Category: Family Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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You should see my answer in the same pane below this response as we continue. In the event you would prefer a phone call please let me know and I can arrange it. It tends to be easier for both parties if you just tell me you want a phone call and let me send you the request versus using JA’s automated “request a call” feature. If you see a pop up regarding a phone call please note that the website generated that offer. Before I send you any such request it will typically be based on you requesting it by typing the request on the screen and then I will send you a phone call offer. Do note that a phone call is not required and we can continue here just typing comments back and forth.

Could you tell me in what are the cousin and kids? If I read this correctly female cousin refuses to let male cousin have them for 10 days. Is that correct? Do excuse any delay I will be looking over some things and then typing your response and I don't type as fast as I used to so it may be 5-10 minutes once you respond to this request.

You should be able to view my answer just below this response as we continue….

Expert:  RONB-ESQ replied 1 year ago.

I meant to ask in what state are the cousin and kids

Customer: replied 1 year ago.
We all live in Texas
Customer: replied 1 year ago.
the female cousin who has the kids and that i signed temp custody over to, will not let him have them for 10 days.
Expert:  RONB-ESQ replied 1 year ago.

Ok I will be back with you shortly. Can you confirm that there has not been any legal proceeding that determined custody as related to these children? Are you the male cousin just so I keep things straight? When you say signed over was that signed by a Judge or just a document that you signed and gave temporary guardianship or custody to the cousin?

Customer: replied 1 year ago.
No legal proceeding has taken place. CPS asked me to sign temp custody over to my cousin since I was going to jail. They never opened a case.
Expert:  RONB-ESQ replied 1 year ago.

So the biological parents are your boyfriend and his ex-wife? Where are they did they end up in jail do they want the kids?

Customer: replied 1 year ago.
They went to jail in Tarrant county for like 3 weeks. It was 20 months ago. Since that time, he has continued contact, financial support, and has been clean and sober without any issues. He wants the kids to come live with him full-time, but has taken things slow and the 10 days at Christmas was going to be the longest period he has had them since he went to jail.
Expert:  RONB-ESQ replied 1 year ago.

I actually am in Texas. In Texas other than an emergency request, a party can file a SAPCR (Suit Affecting the Parent CHild Relationship) Petition after they have had the children for 6 months. At this hearing they would have to provide notice to both biological parents by either serving them with papers using a process server or by publishing in the news paper if one parent can't be found. At that hearing the Judge would decide who should have custody and whether that should be sole or joint. In this case "Joint" just means they have the right to seek medical records, attendance records, and have input on doctors and other items. You can have joint custody and still not be the primary conservator. The primary conservator is the one the Court determines should choose the home and is entitled to child support. In this case it sounds like either cousin could file a petition for custody and to get some legal order in place. The document you signed (I assume a Judge did not sign) is really just used as medical consent and allows for the party to enroll the child in school, but otherwise it is really not a legally enforceable document.

The biological parents could come up at any time and take the children as they see fit as no legal order is in place that would stop that. For the benefit of the children it would probably be good if someone filed a case for custody so that a Judge could set out everyone's rights as to custody, etc and define an actual amount to be paid as child support.

Let me know after reviewing this if this answers your question. If not please ask what ever follow up questions you have or ask me to clarify anything I have stated.



Customer: replied 1 year ago.
That is what I thought, as long as there is not a legally binding document signed by the judge then legally they cannot deny him the kids. He is prepared to take it to court, but doesn't want it to destroy the relationship with his cousin. We would love to work this out without the courts. Is there a "standard reunification" plan Texas uses? I'm going to try and mediate a suitable transition for all of them.
Expert:  RONB-ESQ replied 1 year ago.

No I am sorry, but there is not many standards in Texas other than the standard visitation guideline used by most Courts. Any Court though can order the parties to participate in a plan and add either a guardian ad litem to represent the interest of the children or involve a therapist in the reunification. The only problem is all of this cost extra money.

Does that answer your question?

Customer: replied 1 year ago.
thank you!
Expert:  RONB-ESQ replied 1 year ago.

One of the parties can request mediation and if the parties agree the Judge will appoint the mediator they choose.

Merry Christmas and thanks in advance for leaving positive feedback do note you can reply here as needed after leaving positive feedback.


Expert:  RONB-ESQ replied 1 year ago.

In case you are new to Just Answer I wanted to let you know that I am just an attorney setting at my home office and do not work directly for them. After you leave positive feedback (good-excellent) then I get a portion of what you paid JA. Thank you in advance for leaving positive feedback before you log off. Do note that after leaving positive feedback you are welcome to reply here with any follow up questions you have related to your original question for free as long as needed.



Expert:  RONB-ESQ replied 1 year ago.

As an FYI I also asked another expert on the site that does fraud investigation and he gave me the same answer that you bascially have to go state to state to search for the actual owner. He had databases to search for all kinds of things, but he had no means knew of no means to search at one site to locate or identify the lienholder. He did mention potentially trying Carfax, but it may just show history and the fact there is a lien, but not show the identity of the lienholder.

I would appreciate you leaving feedback as that is the only way I get compensated for the time I spent answering your question. I only get a portion of what you have already paid. Do note that you are welcome to follow up here by replying if you have a follow up question or need me to clarify my answer more.