Legal Question in Family Law in Texas

Custody and CPS
We recently had my stepson with us and he was very sick when he arrived, we took him to the ER the day after his mom dropped him off and they called CPS because he was severely underwieght. The Social Worker told us if we ever went back to court, based on his findings (he got ahold of his medical records from SC where his mother lives and compared them to his records while living with us), he would testify to her being an unfit mother and endangering her child. Because she lives in another state (we live in TX where the court order was issued, she lives in SC) CPS can't do anything to her, but they did call her. Ever since they called her (and we informed her we aren't allowing her to keep my husbands truck any longer than the court order states, so she will need to follow the order and return it) she has been threatening us with making it impossible for my husband to have him because when he's at work their son is home with me - she is threatening to try to change the papers so he can't be left alone with me (I am currently a SAHM to our son). If this were to go to court in your experience, how much bearing would the Social Workers testimony have on the outcome? Thank you.

Asked on 3/20/09, 3:24 pm

Fran Brochstein Attorney & Mediator

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Re: Custody and CPS

I would talk to a SC attorney since that is the court of continuing jurisdiction.

She can try to do anything. However, the only thing that matters is what a judge decides to do.

I encourage you to keep copies of everything and to keep a journal of what is going on.\

Good luck!

If you want to meet with me face-to-face for an hour, I'd charge you $100 for a consultation.

Answered on 3/20/09, 3:44 pm

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