Legal Question in Family Law in Texas
CPS came into my life and placed my son with my mother due to problems goin on in my home between my boyfriend and I. Now cps is out and my mother has conservatoryship of my son now right now we just have temporary orders final orders are placed yet. I'm wondering what I should do to get my son after she gets custody. See my mother has to get custody of my son or cps will take him but after she gets custody she gets to decide when I get custody. My siruation is way different then when this whole processes agreed 9 months ago. Now we live in a better neighborhood both have jobs and our argument have gotten alot better were we are not yelling and screaming alsoy fianc� was on drugs and now he is clean and we are both on the right track. We are actually pregnant right now and I am wanting to see how I can get custody of my son back after my mother gets custody. Because she is acting like she is not gonna give him back and just keep him even though we are able to take cre of him we have the right means stable home and a better situation. So what do I need to show the judge, go about getting him back before he is 2( right now he is 11 months. He got taken at 4 months) I need my son and I am in a netter possition and then I wasn't but now I am and I hurt everyday for not having my son but now I have changed and am doing my best to do what right. How can I go about getting my son proving that he is in a good place to the judge and things I need to do to show that?
1 Answer from Attorneys
Congratulations on your new baby! I hope you stay clean, stay safe, and take good care of your new child.
You are not going to get your other child back any time soon. According to your facts, you exposed your child to a harmful and dangerous situation and you probably have not been clean long enough to impress the court. Also, your boyfriend has not been clean long enough to impress the courts.
I would focus on getting a good visitation order in place. One that guarantees you certain visitation rights, otherwise, you just might not ever see your child again. Once you have been clean, exercised visitation without ever being late by even one minute, you will be in a position to petition the court to become the primary managing conservator of the child.
From your question, I don't think you are there yet.
Good luck!!
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