Legal Question in Family Law in Texas

caught in the system

my childrens father and i have joint custody of our two children 11 and 9 he is the domicial parent. my children were removed from there father home by cps on friday because he beat my son. The D.A. called me friday to make me aware that they would be letting me know when to come get them. its now wednseday still no call. i called him back and says they have given my children to their stepmoms parents (because her dad is a city councilmen). i have not been able to have any contact with the children in almost a week. cps still hasnt even contacted me. i have court papers stating i have joint custody of these kids(not to mention their mine) I wasnt the one who beat them is it legal for them to completely disregard my parental rights. i feel as though my children have been kidnapped. they are not living with who my court papers say they should be, and i have no idea where they are or who they are with. please help me i have no idea what i can do. I live in louisiana and they are in texas but we are only about 45 minutes away


Asked on 5/29/08, 8:43 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: caught in the system

There should have been a hearing within 72 hours of the children coming into CPS custody. That probably happened and since you were not there, they had a choice to either give the children to a relative, even by affinity, or to a foster family. They chose to give them to a relative. You need to stay in contact with CPS. If necessary, drive over there. There should be another hearing set already. If you get no acceptable answers quickly, hire a Texas attorney who knows the law on children(here we have the Louisiana Children's Code-and all 50 states adher to a uniform same set of laws with regard to children in State's custody)and file an immediate intervention requesting the physical custody of the children. After you get that, then you can ask the court to transfer the case to the civil side of the court from the juvenile side and battle for custody that way. Since your question mentions the "domiciliary" parent, I assume the joint custody was granted in Louisiana. If so, did he get your permission to move to Texas? email me and maybe I can help.

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Answered on 5/29/08, 8:56 am


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