Legal Question in Family Law in Texas
Filling for custody mother unfit sexual abuse
My two children (ages 6 & 7) recently reported some disturbing allegations against their older stepbrother that included sexual abuse and inappropriate sexual conduct. I contacted CPS and they suggested I file a police report. I did that and CPS followed up and interviewed the children. They ordered their mother to remove the older boy from the home. She did not comply and CPS picked the kids up from school. They informed me of their intention to file a court order and grant me custody. They instead compromised and has sent their mother, them and their brother to sexual abuse counseling. I want to file for custody and have her declared unfit. She has a history of neglect according to CPS. How do I do this?
2 Answers from Attorneys
Re: Filling for custody mother unfit sexual abuse
You really need an attorney to file for a modification of conservatorship. You have the legal right to do this yourself, but it is very complicated, and since the stakes are very high, it needs to be done right, and not on a 'learn the law as you go along' process.
Re: Filling for custody mother unfit sexual abuse
The prior response is correct. The procedure is time consuming and difficult to handle pro se. There is no specific "form" that you can just fill out. It requires a modification petition to be filed with the court and then appearances before the court to have the court rule in your favor. If you would like to discuss your options with a local law firm, contact my legal assistant Jennifer ([email protected]) to schedule a free consultation.
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