Legal Question in Family Law in Texas
Child Protective Service
My daughter left her kids at her fathers for the weekend,they had been living with me.She went to pick them up and CPS was there the ordered a did a drug test and she tested positive they gave temp. custody to her father and now the two childrens fathers are taking her to court for full custody and she cant afford a legal help she is a waitress,she has almost given up hope. And i dont understand how they could remove them from my home to start with.Is there a place where she can get help she swears she is not doing drugs.
1 Answer from Attorneys
Re: Child Protective Service
Are you the grandmother of the children?
From the surface, it appears that your daughter is lying to you about the drugs.
Where is the father of the children?
Temporarily, placement with her dad may be the best option she has.
If someone doesn't retain a lawyer for her, it is not likely that she will prevail here. She should at least attend the hearings, and make sure that the judge and CPS are aware of her concern and love. You should attend to testify as to the living conditions in your home where the children were staying. It may not get her children back at this point, but at least it is on the record in the event you can hire a lawyer later.
CPS was alerted by someone. They have statutory authority to take emergency conservatorship in the event the children are in danger. Someone at CPS determined that your daughter was on drugs, and that the children were in danger.
You daughter should cooperate with the CPS recommendations at this point, and you need to hire her a lawyer. She can also contact the Texas Bar Association in Austin. They will provide her with a list of low cost legal services in her area.