Legal Question in Family Law in Texas
Hello!
I have 2 children (15 & 9) who live with their father. They lived with me about 6 years ago, but were taken away by CPS because his mother got involved.
Well, they don't actually live with their father. The father has custody but he is not living with them. He is living with and supporting his girlfriend and her
children instead of his own while my children are living with his mother - which is not a good situation. His mother is a psycho (she's previously been in a
mental institution). She is constantly screaming at the kids and has actually psychically abused my son (the 9 year old). She has people coming in and out
of her house all day and she just screams and argues with them. She is diabetic, so she never feels good enough to do anything for the kids, including cooking.
Her husband who works shift works at a refinery is the only one who cooks. She just feeds the junk food and buys them takeout everyday. She is also a hoarder
and her house is just absolutely disgusting. I do not want my children to live in this environment. My house is suitable and I can financially and emotionally
support my children, however the father will not give up custody because he has this dream of actually getting it together and buying a home for them, but he
has been saying that for years and hasn't done anything. Both of the children wish to live with me. His mother doesn't even let me see them (I have seen them
ONE time this entire summer!!) even though I have visitation with them every other weekend. She doesn't even want them calling me. She has taken away
my daughter's (the 15 year old) phone for calling me, MORE THAN ONCE! How ridiculous is that?? I called the DA in my county and he told me to call CPS and make
sure the case was closed (which it is, I called today) before doing anything else. What is my next move? I need to get them within the next week or two because
they need to be settled in before school starts and we also need to get their school clothes and supplies. I wouldn't mind taking them to do a few little things this
summer, either because his mother has had them locked up basically for 3 months and they haven't gotten to do anything. It makes me absolutely sick. In Texas if you're a certain age you can choose where you wish to live, right? If my daughter wanted to leave and come live with me before school started could she? She is 15. she is texting me saying that she is going to run away if I do not get her because she is being mentally abused and she's depressed/suicidal.
She was prescribed medications by her therapist (which her grandmother refuses to let her go to now) that her grandma won't let her take to prevent it since she is bi-polar, depressed, etc.
Is there any way that we can speed it up or can she come stay here (both kids if possible) while I try to modify the agreement? I talked to an attorney and they said 30 days for a modification.
We need to find some type of loop hole because I'm every worried about her. She is really going insane because of it. Her grandmother is crazy and her father doesn't realize what he's doing to the kids.
1 Answer from Attorneys
First of all, nothing is happening in the next week or two unless you hire an attorney who can get you some emergency temporary orders.
Voluntary relinquishment of actual possession of the children for more than 6 months is one of the few reasons that a judge can issue temporary orders switching custody back to you. If he's had them that long (at his mother's house) you are in good shape.
Custody battles are hard--please hire a good family law attorney to help you out.
Good luck!!
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