motion to enforce

[proach]

What is the name of your state?texas
is it necessary to have an attorney or even advisable to have an attorney to get a motion to enforce? my son has joint custody and his ex wife will not let him pick up his chldren for his visitation. she is actually beligerant in front of the children. she will no longer allow me (grandmother) to see them either. what is the recommended procedure? She neglects her children ages 5 & 7, (all documented)allows them to be abused by her live in boyfriend, and this has all been reported to CPS. He really can't afford an attorney and CPS doesn't see any reason to investigate (their words) even though the documentation has been provided to them. This is a very tough, frustrating situation. Any advice???

 

[LdiJ]

What is the name of your state?texas
is it necessary to have an attorney or even advisable to have an attorney to get a motion to enforce? my son has joint custody and his ex wife will not let him pick up his chldren for his visitation. she is actually beligerant in front of the children. she will no longer allow me (grandmother) to see them either. what is the recommended procedure? She neglects her children ages 5 & 7, (all documented)allows them to be abused by her live in boyfriend, and this has all been reported to CPS. He really can't afford an attorney and CPS doesn't see any reason to investigate (their words) even though the documentation has been provided to them. This is a very tough, frustrating situation. Any advice???

At this point an attorney is probably critical. Obviously you or your son have been making complaints to CPS and they aren't taking you seriously. This is NOT GOOD. That means that you and/or your son are being viewed as possible "false reporters". That can actually back up mom's decisions in the eyes of some judges.....or at least lessen the impact of mom's actions.

Seriously, your son needs at least a consult with an attorney.

 

[snostar]

she will no longer allow me (grandmother) to see them either.

Unless there is a court order awarding you visitation specifically, the mother does not have to allow you to see them. Your son can file contempt, finding an attorney is the best option. Try doing a search for texas legal forms.

 

[casa]

to: proach

If your son has joint custody, do the papers specifiy when he is to have the children? If not, file in court to have the specifics detailed and why. If he already has designated times with the children and mother will not allow- contact the local police department and meet at the residence with the paperwork to enforce the court order. Keep track of the police reports, if it continues to happen (or more than once even) file for contempt of court order.

I am not a lawyer but have had to (unfortunately) enforce court ordered return from visitation etcetera and it's not enjoyable for anyone. I'm sorry this is happening. Children deserve both a father and a mother in their lives.

I am not aware of what texas law defines grandparent rights as, but usually unless it is written into the visitation or custody order- there aren't any enforcable options for you. Sad, I know, because I am a parent and my children adore their grandparents and their lives are enriched by them (both sides) on a continual basis.

Good Luck to you Grandma

 

[proach]

Thank you for your replies. First, the reports to CPS were all serious and documented from other sources, she left the children home alone at age 2 and 6 mos. the two yr old was found wandering in the parking lot of the apartment complex in the middle of the night, the building manager provided the signed letter from another tenant who found the terrified child. Other letters were provided to CPS from other occasions reporting similar situations where the two year old was found alone in the neighborhood looking for his mother. The childs school has also called CPS. Unfortunately my opinion of CPS is not very high. I was given some advice off the record by an attorney to take it to a newspaper to force CPS to act, however I think this would make the children suffer and I think they have already suffered the most. I have backed off because their mom puts things in their head and confuses them. I just want what is the best for them. That is why I am asking for an opinion to give my son so we can get him started on the right track cause as it was said these children need both parents. I will not fight over my grandchildren, they lived with me for two years so I know they will always know how I feel about them. My concern/fear is for their safety. I will somehow help my son get an attorney to get this done right. Again, thank you all for your advice.