Legal Question in Family Law in Texas

Can I get custody of my baby if I can prove the mother to be unfit

I would like to get legal custody of my baby. Her mother does drugs, leaves for days not telling anyone where shes going. When she delivered the baby she had drugs in her system so CPS came to the Hospital and the baby came home with me. Me and the mother had a little confrontation she called the police and they took me to jail. The case was eventually dismissed, so CPS moved the baby out of the home with me to the mothers aunt home. The mother is still using drugs leaving the baby with her aunt and the aunt leaves wet diapers on my baby and when I get her on weekends she has a rash.

Is this a win win case for me.


Asked on 1/26/04, 5:20 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Can I get custody of my baby if I can prove the mother to be unfit

You're going to have to overcome the reasons that you were put in jail - however well intentioned they may have been. The court will consider what is in the child's best interest. You will have to prove everything you are saying. You will need a good lawyer and the process is very likely to be expensive $10,000 to $15,000 if you're lucky. Good Luck

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Answered on 1/26/04, 6:45 pm
Fran Brochstein Attorney & Mediator

Re: Can I get custody of my baby if I can prove the mother to be unfit

If you live in the Houston area, you can give me a call. My cell phone is 713-805-9591.

Your case is not without problems (see James Grissom's reply). If you were never married, you need to estabish your paternity if this has not been done yet.

Our office charges a deposit of $990 then weekly payments of $175/week. We refund any unused money at the end of the case.

You will probably need an attorney to represent the child's interest. That should run an additional $1,500 - ????. Usually the fees are divided between the parents.

If CPS is still involved, they will also be a part of this lawsuit.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 1/26/04, 11:15 pm


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