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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27244
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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As a great grandparent of 5 great grandchildren whom CPS

Customer Question

As a great grandparent of 5 great grandchildren whom CPS picked-up, but we were able to get out of foster homes temporarily or until the parents work their services and are able to get the childred back, but if this does not happen and the children go back to foster homes will I as a grand parent have any right to see the children, send gifts and visit? It is a shame that everyone has to pay for re irresponsibility of the parents.
JA: Family law varies by state. What state are you in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know what this cost?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: I am talking with Child Protective Services Personnel?
Submitted: 9 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 9 months ago.

Ideally, CPS would work with you and allow the visitation, since you are family. If they do not however, to get a court order allowing visits, a grandparent must file a lawsuit under Chapter 156 of the Texas Family Code.

To win, a grandparent must prove that the child's parent:

  • Has not had his or her parental rights terminated;
  • Has been in jail or in prison at least 3 months before the lawsuit was filed;
  • Has been found to be incompetent by the court;
  • Is dead; or
  • Does not have court ordered possession or access to the child.

If that can be shown, they you can have court ordered visitation with the children. However, at any time, you can send gifts if you wanted to, since there is nothing wrong or illegal with that.

Expert:  FamilyAnswer replied 9 months ago.

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