Legal Question in Family Law in Texas

In 2009, CPS took my kids because my husband was on drugs. CPS wanted to give them back to me, but they said that because my husband was abusive and a drug addict, unless I divorced him, I couldn't get them back. I had no idea how to do that and I had no one giving me advice, so it took me a long time to get it done. In the meantime, CPS wanted to close the case, so they had my mom and I sign custody papers giving her custody. Since then, I have divorced, remarried and moved in with my mother to help her pay the bills because she's getting older and she can't support the home on her own. Now she is willing to modify custody to give my children back, but doesn't know how to do it. My husband and I recently got custody of his 3 boys and we spend every day with the kids, but I want to be able to be an official mother to my kids. I don't want to have to leave them when we move and I am stable now and just really want to be the mother I intended to be before all of the devastation happened in 2009. My mother is willing to give custody back to me, but I have no idea what to file or where to take it or how much it's gonna cost. I've searched the web but I'm having a hard time finding anything. Some websites have forms but no instructions. I filed for divorce and paid for it myself so I thought maybe I could do it myself but custody seems a lot more complicated than divorce, so I'm wondering if anyone can tell me how I can go about doing this? It will hurt my kids so much when we leave and I don't want them to go through any more pain than they already have. They just lost their grandfather about 2 years ago and it was really hard on them, and their father never comes to see them on birthdays or christmas and it's just been really hard for them. If someone could tell me how I can go about getting custody back in Texas, I would really appreciate it.

Asked on 7/26/16, 6:07 pm

Keith Engelke Law Office of S. Keith Engelke

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You will need to consult with an attorney to assist you with this.

Answered on 7/27/16, 7:08 am

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