Legal Question in Family Law in Texas

another question

okay so i moved out of my moms house and my son and i are staying with one of my friends until i can get an apartment. my mom is threatening to take my son away or call his dad and have him take him away. My son has everything he needs and is very happy, He is 5 months old. will the courts take him away from me for him not having his own room, because we share a room with my friend and he sleeps in the bed with me. will they take him away for that??


Asked on 2/19/08, 12:16 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: another question

As a parent it will be difficult for your mom to take him away from you.

She must prove you an unfit parent which is a hard burden in TX.

The person that has equal footing with you is the father. His burden to get custody is much less than a grandparent.

Anyone can call CPS at any time for any reason. People call CPS all the time and make up stuff.

I would definately keep a written diary.

I would be very careful because CPS worries about small babies that cannot speak for themselves.

If CPS get involved, you MUST hire an attorney immediately. There are very few attorneys that handle CPS cases. It is a very specialized field.

Save up every penny you can to be prepared in case someone gets CPS involved.

The place you live must be very clean, the child must be clean, you must keep his shots up to date, you must have clean clothes for him, you must have food for him, etc.

CPS will come into your home and is able to look anywhere in the house they want - refrigerator, bathrooms, bedrooms, etc.

I strongly urge you NOT to do any illegal drugs or drink. If she see drugs or alcohol, they will immediately take possession of the child.

They don't care who owns the drugs, if they are there, you will lose your child.

CPS can ask you to do a drug and alcohol test whenever they want.

Basically, if CPS wants to they can do anything they want.

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Answered on 2/19/08, 3:29 pm


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