Legal Question in Family Law in Texas

My daughter & her husband have separated. He got the kids because he told my daughter that he had been having an affair with someone for a while and he knew that was make my daughter very sad. She is bipolar with depression. Him saying this to her made her very depressed and she told him to come take the kids. Well, he did. She within a few hours went to go get the kids from his mom's house and his mom called the police. The police would not let my daughter have the kids. They told her who ever had them at that time was who could keep them. They have not filed for divorce yet. Within a day or two of this, her husband and his mom reported to cps that my daughter is unstable and can not care for the kids. So now she has to prove herself to cps. She can not see the kids, I can not see the kids. We don't understand why. The case worker will not call me back, she rarely will talk to my daughter. Before all this took place, my daughters husband had moved out back in May and was paying the rent and that was about it. This all took place about a month ago. My daughter has since lost her van, husband got a payday loan and did not pay it, she has lost her apartment and now the kids. She is staying with different friends, she is trying to find work. Her world turned upside down in less than a day. She is starting to be more depressed and very bitter. What can she do???? ANY ONE - she has no money. Can she qualify for any help with this??? Thank you -


Asked on 10/31/12, 12:04 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

First, she needs to find some money and hire a lawyer. Plan on paying him (her) at least $5,000.00 up front.

Second, she needs to file for divorce. The Family Code says that if a SAPCR (suit affecting the parent-child relationship) is pending and somebody files a divorce, the SAPCR is automatically consolidated into the divorce case. This will (probably) get the whole situation in front of a new judge who will possibly have a different perspective.

And third, she needs to take care of the bipolar problem. It is treatable. She needs to get a prescription for the proper drugs, and then take them as prescribed.

Stop calling the CPS; that's a waste of time. The only thing they understand is force (that is, your lawyer burying them in paper).

Read more
Answered on 11/01/12, 6:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas