Legal Question in Family Law in Texas
Child Custody/CPS
Recently someone filed a complaint with CPS on the father of my kids and me. Currently the father of my 2 children and I have lived together for almost 4 years and not married. The complaint was there was drug use in the home, neglect from both parents. The children and I have both been cleared of having no drugs per hair test but the father does. I voluntarliy placed the kids and i have unsup visitation with kids but CPS will not allow me or the kids back in the home. The father has moved out but does not want to. My question is what rights do I have in regards to getting back into my house with my kids? I want to seperate from the father but how do I go about seeking custody when CPS wants there to be supervised visits and drug testing in the custody agreement? I feel like CPS is running my life but have cleared me of any neglect or drug use?
1 Answer from Attorneys
Re: Child Custody/CPS
You should have had a lawyer appointed when the children were removed; talk to your lawyer about the best way to get the children back.
Another thing you can do is to ask the CPS caseworker what he/she would need to see from you in order to recommend a reunification to the court. Get a plan and work it diligently.
CPS will not recommend that you get your kids back until they are sure that you are clean and that the father is either clean or out of the picture. A court order to keep the father out of the house until he is clean will help. You will need a private attorney or legal aid to help you in getting the court order.
I know you want your children back in their home and living with you. CPS is the gatekeeper here and you need to do everything they ask of you eagerly and without delay if you want the children back quickly.
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