Legal Question in Family Law in Texas
Can CPS stop me from have unsupvised visits with my Grandson because his parents are mad at me for calling CPS. CPS will not call me back, give me a reason for me not getting visits except the parents do not want me to let him go with me. They have called me one time and could not give me a straight answer. I have kept him many times before I called CPS. They have failed 3 drug test.
1 Answer from Attorneys
Unless you have a court order granting you visitation rights, you only get visitation rights through the child's parents. Without a court order, you have no legal right to see your grandson, even though you may have a moral right and it might be good for him.
If CPS has started legal action to remove the child from the drug-using parents, you can hire a family law attorney and intervene in the case and ask to be designated as a or the managing conservator of the child. That would give you significant legal rights and keep the child out of the foster care system.
You might also bring an original action under Texas Family Code 102.004. TFC 102.004 is supposed to provide a very narrow basis for grandparents to get court-ordered rights, but if CPS is involved, sometimes the opening created by TFC 102.004 is a little wider.
To have a prayer, you will need a family law attorney.
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