Legal Question in Family Law in Texas
My mother called cps back in August because she suspected I was using drugs. An investigator came out and swabbed my mouth, and I failed the test. A safety plan was put into action and I was asked to leave my house (I was living with my son at home with my family). I was assigned drug classes downtown ft worth, and went to a few, until my car broke down and was towed. My case was closed, and now that I am on my feet, have a great job, a 2 bedroom apartment, and am 100% a changed woman, my mother says I cannot legally take my son unless I work the cps program. When I go see him at her house, she wont even leave me alone with him and says she is just following cps orders. I never signed any custody papers, I only signed a power of attorney so that my mom could take my son to daycare. Am I legally allowed to take my son?
1 Answer from Attorneys
You need to find an attorney in your area. You don't state enough information for me to answer your question.
Is there a court order giving grand-mother custody? If so, then you cannot.
If CPS closed the case without doing anything, you definately need to talk to an attorney and get your son back.
I assume you meant that you filed a drug test in August, 2009. That was not very long ago. I'm not sure if a judge would give you custody. In Harris County, 6 months of being drug free is not enough.
You also did not include what drugs you were taking. That might make a difference. Crack is different than pot.
Where is the child's father?
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