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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Amarillo, Texas. Background. I have a grand daughter

Customer Question

I live in Amarillo, Texas. Background. I have a grand daughter who is in rehab in Dallas for drug abuse. CPS is involved in this case and has put my two great grandchildren in foster care more than two hours away. I told my grand daughters CPS worker that my wife and I would want to take care of the boys while my grand daughter is in rehab. The CPS worker did not follow up after many request and put the boys in foster care. I want an attorney to at least write a letter demanding our consideration for placement. I want my grand daughter to be successful. I used to be a SAFPF officer for adult probation and I know it takes a lone time to get off drugs and turn a life in the right direction. My wife and I want the babies with us. My question is: How do I get an attorney to fight for us to get guardianship until my grand daughter turns her life around.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome 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. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. 1) At this point, DFPS (CPS) has custody of the children. They have a right to stand for custody before the Court under Tex. Family Code and this is what they did. Once the Court agreed that DFPS should take the children into its care, DFPS did so and then, it had a right to decide where to place them. There is no right to force DFPS to place the children with the great-grandparents. DFPS decides. DFPS often does place children with relatives, but does not have to. 2) As such, I can help you find an attorney to write a letter, but it would likely not do much good. You want DFPS to be on your side, and writing a demand letter is not going to do much good when they do not have to work with you. And, as a great-grandparent, you do not have standing in Court for custody/guardianship, meaning you cannot file and demand this of the Court. 3) I can provide a sample letter asking DFPS to consider you for placement. I can also help you find pro bono counsel in Texas if you'd like. Let me know on either by REPLYING. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
How much to send me a sample letter to CPS? Can we go to the judge directly?
Expert:  Ely replied 1 year ago.
No charge. Did you want a sample?Yes, this can be sent to the Court as well, but it would likely not do any good.
Expert:  Ely replied 1 year ago.
To Whom It May Concern: RE: Cause number, Title of case Children's namesI am writing this letter to request that DFPS possibly consider placing the children with us. We are the children's (relation). It is best for the children to be placed with relatives, and I am sure you would agree.We have a stable home environment and financial stability. (Talk a little about household condition and living condition of the child, other persons living in the house, etc.).While DFPS retains the final decision making authority, we would be very interested in getting some kind of guardianship, placement, or conservatorship of the children. We only want to do what is best for them.Please reach out to us at (contact information).Sincerely,Signature(s)Names(s) Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!