Legal Question in Family Law in Texas

My son went to spend time with my parents when school let out. While he was away, I went to jail for POS. Before I got out, my parents had papers filed and are trying to serve me with them and a restraining order. Supposedly the papers state that I can't have my son back til I take and pass a cuticle drug test. Can they legally keep him? Why can I do? I have custody of him. With school fixing to start, can't I place him with someone closer so he can go to his school? My parents live 4 hours away.


Asked on 8/11/14, 7:12 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You need to talk to an attorney in your county. You voluntarily surrendered your child to your parents - this does not help your case. Then you were arrested. A court is now involved so custody is at issue now. If there is a court case, you cannot go pick up the child or you risk arrest for interfering with an on-going court case. You need to get a copy of the paperwork - evading service is a bad idea. You can go to the county and ask to see the court's file and get a copy of the paperwork on file. If you don't do anything, then your parents will get default custody. There is hair and urine test. I'm unaware of a "cuticle" drug test. Be prepared to pay for drug testing - around $150. You need to use a court approved lab -- there are "fake" labs that sell clean reports & if you are caught using one of these labs the judge will not be happy.

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Answered on 8/16/14, 12:09 pm


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