Legal Question in Family Law in Texas
revoking power of attorney of children
my daughter was recently incarcerated and she signed a POA to family members regarding the children, CPS was involved in this decision. She did not lose custody of the children and unfortunatly has never received a copy of the POA agreement. When she went to court she received probation and has done extremly well since she was released. She is going back to school to learn a trade and has been in a positive frame of mind for the last two months. CPS is dragging their feet in response to returning the children into her care. She and the children will live with me and her step-dad. We are happy to help in the love and care of the children. CPS is also extremly slow in response to calls, info, or concern of the children. And most times we get no call back at all. Please advise us as to how we can regain the children into their mothers care. Would a simple document revoking the earlier form be sufficient or does she need an attorney? We do not want to rock the CPS boat!
Thank you
1 Answer from Attorneys
Re: revoking power of attorney of children
I understand your concerns about CPS -- however, if there is NO court order changing custody, then she should go pick up her children. I strongly advise you to go to the clerk's office and carefully review the court's file. It may be that there is a court order that you are not aware of. Do not expect calls or communication from CPS. If there is any modification of custody, or emergency order, then she needs to hire a lawyer.