Legal Question in Family Law in Texas
Non-Parent Custody Battle
A grandmother abandoned 3 children in my home - ages 4 weeks, 18 months, and 3 years. After 2 years, I file for custody. The grandmother then files for intervention. The court awarded her the children back based on ''blood.'' The grandmother had not visted the children in 1 1/2 years prior to this. Since they have been back in that household, there has been a CPS report filed and opened. The grandmother's older brother, age 58, choked one of the children hard enough to leave bruises. My question is: since I am in appeals, can I file formal charges against this man for injury to a child? And, if I do not win the appeals case, can I sue the grandmother for back support of these 3 children? The sad thing about this case is that I am the only mother that they have ever know and now they are basically living with strangers. Am I missing something here? Most sincerely
1 Answer from Attorneys
Re: Non-Parent Custody Battle
Am trying to clarify. Have you already been to trial and lost, and are now on appeal? Then this case has been in litigation for a long time? That the incident of the 'grand-uncle' took place after the trial and during the appeals process? Are you represented by counsel? Hasn't CPS or you reported the choking incident to police?
Am not sure I understand very well, but if there are additional incidents of abuse taking place after the judgment and while on appeal, these incidents must be reported to the police. Your attorney can file a new case to modify based on new evidence, while the old case is pending appeal.