Legal Question in Family Law in Texas

My daughter, 10, has a very rare terminal disease and is currently in the hospital recovering from surgery. This morning, at the hospital, I was served with a restraining order saying that I could not see or talk to her without the court appointed supervision with me and also with papers saying that her grandparent now have temp custody of my daughter. Attached were affidavits given by both paternal grandparents(PGF is a lawyer) , the biological father (who until 2 months ago has been absent) and her teachers aide at her school (who is paid by the grandparents) stating that I am neglectful and abusive toward my sick child. Everything that they stated was completely false. The grandfather has been an attorney since the 70's and has a deep knowledge and friendship with judges around the area and he has tons of money to spare. I, on the other hand, live paycheck to paycheck and dont know anything at all about the law. They reported me to CPS locally but realized that it was not going the way they had hoped, so they went to the courts instead without my knowledge. Court date is set in mid Nov, meanwhile I have a sick child who has never been without her mommy that cant see me. What can I do? I dont have the $5000 retainer that seems to be the norm. Can a judge really just take her from me without any evidence whatsoever? These people are claiming they have seen me do horrible things that just would/could never happen. I have tons of people willing to stand up for me that actually see me interact with my daughter often, but is that good enough? The grandparents only have people that are benefiting from their money saying anything negative. Her psychologist even say they havent seen any indication of any wrong doing. Please help... I need advice in a hurry!!


Asked on 10/26/09, 11:37 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You need a lawyer. Get legal aid, go online and see what's available, or borrow money, but you need a lawyer.

A good lawyer can cross-examine the witnesses who testify against you, and expose their motives.

Start contacting your friends NOW and ask them to come to Court for the hearing, regardless fo whether or not you have a lawyer.

Ask the psychologist if he can come to court to testify for you.

Remember, when you get to court and the Judge calls the case, to "invoke the rule." This will cause any non-testifying witnesses to have to leave the courtroom.

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Answered on 11/03/09, 4:33 pm


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