Legal Question in Family Law in Texas
kinship care
my brother and wife wants to give up their parental rights under the assumption that his sisters will get his children. The Texas judge and Costa worker are for the kids staying with the foster family in order for all 3 kids to stay together. The youngest who is 20mths is by another man who sister is interested in gaining custody of her niece. We have done our home studies in our states of Ms and La.
My brother wants us to get his 2 kids but others are siding against him because it just two much trouble for them to split the children and place them with biological family. Question: what rights do we as kin have regarding getting custody of the children?
The CPS unit did not contact us regarding these children and there impending adoption by the nonkinship foster family until recently and now they just want us to be aware us the situation and not do anything about it. Also we were never contacted about them needing kinship care before being placed with foster care. Isn't it the law to contact family first?
1 Answer from Attorneys
Re: kinship care
I'm sorry, but this is way too complicated to address in an email. As far as I know there is nothing that says CPS has to contact out of state relatives about placement. CPS is not going to send the children somewhere outside of its own jurisdiction. Find a good family law attorney who handles CPS cases in the county where this suit is taking place. Good luck!
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