Legal Question in Family Law in Texas

Re: child support and custody

It is unlikely that you will be able to get a return of the moneys you have paid into the ag's office since there is a relatively new statute on the books which says that, when the legal custodian of the child dies, the support is owed to the person with actual physical custody and control of the child. If that person has been your father for the last year, then the support is owed to him. Whatever wrongdoing he may be guilty of in relation to your sisters, that does not negate the fact that he has been supporting the child.

As for getting legal custody of your child returned to you, you will need a judge to order a modification. You might try working with the CPS attorneys to see if they will file a motion for modification with the court. They have standing to petition the court to do so if they so choose. Of course, in such a serious situation as this, it would be wise to hire an attorney to represent you - you have to remember at all times that the CPS attorneys do not represent you - they represent the county, and at least in theory, the best interests of your child. And believe me when I say this, CPS cases are among the most complicated types of cases - often there are more lawyers than parties involved in such cases.

Additionally, if you cannot afford an attorney, you might be able to get the court to appoint one for you. It is worth a try.

Sincerely,

Stephanie T. Shipp

Attorney At Law

Re: child support and custody

The CPS placement with you rather than a foster home indicates a determination, at least preliminarily, that you are an appropriate custodial parent. In due course, without intervention of any additional "drama", you will be the sole custodial parent. Expect continued monitoring of your home environment by CPS to assure continued suitabiity for child rearing.

Your question regarding return of the child support implies that you have had possession of the child for a period of one year. Certainly, CPS (and the Ag Gen office) will not require you to pay yourself child support. Accordingly, unless your child support is reimbursement of an arrearage, you should no longer be paying child support. If, as I suspect, the child support was being paid to your father while he had custody, you are not entitled to reimbursement.