Legal Question in Family Law in Texas
My son wants to make his 13 yr old a ward of the state. He is autistic, has behavioral problems and his insurance will not pay for the specialized therapy that he needs. He thinks that the state will get him the help that he needs. I fear abuse and lack of funding in the system. I shudder to think of this. Will he have any say in anything if he goes through with this. Will we be able to see him? Will he have any right to guardianship again. Is this a Huge mistake? Thank you for any insight on this. My son is remarried and his stepmother does no want him in the house. His birth mother is deemed unfit by the court with supervised visits. I am 72, could my husband and I get temporary custody? His home life is not good.
1 Answer from Attorneys
You need to talk to a family law attorney in your county.
If he turns the child over to CPS, then he won't be named primary conservator. CPS will make all decisions regarding this child in the future. He would probably get a list of things to do and he would pay child support and possibly get some visitation.
You have a complex case.
If Dad does not want the child, he can let you have him. Then file for custody. I don't believe that people in their 70's should be raising 13 yr. olds -- but in your case it might be better than the state. You have done your job of raising your children and you should now be able to relax and enjoy the years you have left.
I would look on-line for help for this child. Check out autistic websites. Call the United Way in your county. Network with other parents of autistic kids to determine what they are doing.
I will pray for your family and for the help you desperately need.
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