Legal Question in Family Law in Texas

ok i feel like i was just stabbed a million times in the back.. 4 yrs ago i met my babies father and we lived with each other up until Jan 2013. He was very abusive and had a drug problem and was in and out of jail and gettin different type of misdemeanors and felohnies. I got tired of him not following by my example and growing up and being a family. So i left him and his parents freaked out worried they would never see my baby again asked to watch him and kept him from me and refuse to give him back to me unless me and my babys father worked out everything. so they printed up a paper saying they would have temp guardianship of my son and had me n my babys father sign it without no notary? also it stated until we work out everything with each other me and my babys father. as soon as that happen not even a month later we split up again. My babies fathers parents stopped letting me see my son and wouldnt answer the phone or messages on facebook. his mother would constantly harass me on facebook as well calling me names and a bad mother. i recently got papers saying that they are now the main conservators of my son and i am to pay child support and only have supervised visits. i want my son back i have two other children as well we stay with my grandparents right now till i can get us a home. My babys father signed over his rights but i never did nor did i recieve any papers for court as well. What can i do ? I miss my baby boy hes about to be 2 soon. I never know how hes doing or do i get to see him? I know i dont make much money right now but i do work. also it states in the papers i am to provide health insurance especially medicaid but with medicaid the child has to be living with you? which he should be. Was i con into signing fake papers? Can they do that legally? What can i do?


Asked on 7/30/13, 2:31 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You have asked many questions. It is impossible to answer them all here.

1. You need to sit down with an attorney in person and go over all of your questions.

2. I don't know what county you live in, but it's not Harris County where I live.

I assume that there is a legal aid in your county. See if you can get an appointment with legal aide in your county to at least meet with an attorney and get someone to explain to them what is going on.

Or, look on this website or on www.avvo.com and find an attorney in your county that will meet with you for free or for a small fee. You have a complicated case.

3. It is obvious that the court does not know how to find you. You need to let the court always know how to contact you.

Plus, you need to send the grandparents (now his legal custodians) your current address and phone numbers. You need to do this by certified mail, return receipt requested. Do not do it by Facebook, text or over the phone. You need written proof.

4. Set up a legal file & keep your papers in a safe place. Keep everything. Do not lose paperwork. Paperwork is important. Keep every piece of paperwork until this child turns 21 years old.

5. You need to visit your son on these court orders supervised visits beginning immediately.

6. You need to pay the child support that the court ordered since you do not have custody of this child.

7. At the present time, you do not have custody of this child. Why? Because you left him with his grandparents voluntarily. Communicating with his parents via facebook and phone was not sufficient.

8. Health insurance - I'm not sure about what type of health insurance you are to provide. So talk to the attorney about that matter.

9. You can go back into court in one year and try to modify the court order. You need to get your life organized & structured by then. Find a lawyer that you trust. Get some money. Keep seeing your child. Pay the child support. Keep working.

10. This is not fair. You have been treated very unfairly. Unfortunately, I cannot understand what happened. It is a very complex story. You need to meet with an attorney in person who can hopefully unravel this complex story.

I hope my answer gives you some hope for the future. I've seen women in worst shape than you are eventually re-gain custody of their children. So keep working hard & keep doing the right thing.

All the best & good luck!

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Answered on 8/09/13, 5:29 pm


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