Drugs found in mom and newborns system so CPS says grandma has to take custody?

[sunsetsdawn]

Texas custody laws and rules for child support. My friend is the unwed father of a baby that tested positive for drugs as well as the mother upon birth. They were living together until this happened. A CPS worker supposedly showed up at 2am and stated that she had to either give her mom custody or the baby would go to foster care. her mom hired an attorney and convinced the young and unwed couple that this would be for the best as they had no place to live. So Shan went to live with her mom so that she was with the baby. her mom of course would not allow T to stay with them. CPS ordered that Shan go into rehab just two weeks after the baby was born inwhich she did and her mom refused T the right to see his child. This was supposed to have been a joint temporary custody with each person retaining their parental rights however Shan and T are supposedly not allowed to be alone with baby or take him anywhere without the grandma present. This sounds like a crock if you ask me.T didnt test positive for drugs Shan did. Suddenly doing what is in the best intrest was only for the best interest of the grandma in an attempt to control her daughter. There was supposed to be a return in custody to T and Shan but instead there is a child support hearing. Can they order child support for baby if parents are together just not living together? I dont think grandma is going to give up custody of baby that easily. She thinks her daughter is irresponsible and incapable even though she spent a month away from her newborn in rehab. A month inwhich grandma became way too attached. What are their rights?

 

[Shay-Pari'e]

I am toung tied just reading your post. I'm sure someone will come along and be interested enough to decipher your post.

 

[stealth2]

For starters, your friend would have to prove paternity to have any rights whatsoever. Did that happen? Secondly, while he may not have tested positive for drugs (was he even tested?), he allowed the mother of his child to use drugs while pregnant - they were living together and it's a reasonable assumption that he was aware of her drug use.

Yes, the parents can be required to pay support to a third party caring for their child - whether it's a relative or someone through the foster system.

 

[casa]

Texas custody laws and rules for child support. My friend is the unwed father of a baby that tested positive for drugs as well as the mother upon birth. They were living together until this happened. A CPS worker supposedly showed up at 2am and stated that she had to either give her mom custody or the baby would go to foster care. her mom hired an attorney and convinced the young and unwed couple that this would be for the best as they had no place to live. So Shan went to live with her mom so that she was with the baby. her mom of course would not allow T to stay with them. CPS ordered that Shan go into rehab just two weeks after the baby was born inwhich she did and her mom refused T the right to see his child. This was supposed to have been a joint temporary custody with each person retaining their parental rights however Shan and T are supposedly not allowed to be alone with baby or take him anywhere without the grandma present. This sounds like a crock if you ask me.T didnt test positive for drugs Shan did. Suddenly doing what is in the best intrest was only for the best interest of the grandma in an attempt to control her daughter. There was supposed to be a return in custody to T and Shan but instead there is a child support hearing. Can they order child support for baby if parents are together just not living together? I dont think grandma is going to give up custody of baby that easily. She thinks her daughter is irresponsible and incapable even though she spent a month away from her newborn in rehab. A month inwhich grandma became way too attached. What are their rights?

I agree with Stealth- It may be that since father has not legally established paternity, he faces that roadblock first. It's also a common and reasonable assumption that if mother used drugs while living with the father, that the father was aware of it and therefore failed to protect the child. There should be a caseplan assigned by CPS to the mother and father- Are they following it? The father would benefit from drug testing and providing the results to the CPS worker on the case.

If there was to be a return of custody and there wasn't...something happened which T is not giving you the full facts on. T must attend the child support hearing if he's ordered to do so. He is the father and is therefore responsible for a portion of the child's financial support.

 

[FLFamof5]

Question....

T must attend the child support hearing if he's ordered to do so. He is the father and is therefore responsible for a portion of the child's financial support.

Curiosity...how can he be ordered to a child support hearing if paternity wasn't established?

 

[stealth2]

Curiosity...how can he be ordered to a child support hearing if paternity wasn't established?

An order for paternity establishment may be PART of the CS hearing.

 

[casa]

Curiosity...how can he be ordered to a child support hearing if paternity wasn't established?

OP stated that the father ("T") has an upcoming child support hearing.