Legal Question in Family Law in Texas

My three month old god son has had a ball on his big toe, which has been noticeable since just about a month ago. His mother of it because it did not seem to hurt him. Therefor, she did not take him into the doctor. A few days ago, my aunt(his grandmother) took him to the hospital because he started screaming crying when she tried to put on his shoe.(his mother was at work) The doctor, at a Baptist hospital, seemed very rude and did not give my aunt much answers. He angrily wrapped the baby's leg-NOT EVEN HIS TOE- and told her he has a big fracture in his toe. She started asking him more questions like where exactly and he just told her it had been like that for a while. He reported something to CPS and they showed up the next day at my grandmother's house, looking for my god son's mother. CPS started questioning my family and eventually came to conclude that until their doctor took a look at the baby for intentional causes, he would have to stay under the care of my grandmother(the baby's great grandmother) who would need to be present in order for anybody to be around the baby. WELL, today my god son's mother, grandmother, and great grandmother took him to a baby orthopedic doctor and it turns out, my god son has some sort of tumor on his toe that is actually hereditary. NOTHING is broken. WHAT CAN WE DO???


Asked on 8/21/14, 9:05 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

The mother needs to file a CPS attorney immediately. There is now a file open on her. Even if CPS eventually closes the case, her name will be in their computer system for the rest of her life. This came back to haunt a grandmother when she tried to get custody of her grandchildren that were in CPS custody -- because of an old, closed file CPS fought her even though no allegations were ever determined against her -- merely having a file open was enough for CPS to "red flag" her. Unfortuantely you did not include your zip code so I cannot refer you to anyone. Look on this website & on www.avvo.com for an attorney in the county where the child lives. There are not many CPS attorneys since attorneys don't make any money on these cases due to the huge amount of time & energy CPS puts into prosecuting these cases. Lastly, CPS has a doctor that said the child's toe was fractured -- they might run with this even though another doctor says it's a tumor. Your family could have a very serious situation on your hands.

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Answered on 8/21/14, 9:56 am


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