In Need Of Good Advice..... Regaining Custody... TEXAS???

As of October 1999, my ex-mother-n-law (kid's grandma) and her husband offered to let me and my 2 children move into their house. The proposition was to help me out with my kids. They were going to enroll them into daycare (my daughter into private kindergarten), and provide for them in order to give me a chance to get back on the right foot and settle down somewhere. In December 1999 they brought it to my attention that my kids needed insurance, especially my son being asthmatic. Well, legally the only way to do this was for them to have conservatorship/custody of my kids... Now I know that it could have and should have been "temporary", with a time that they would come back to me. Not knowing this at the time, I went along with it, I honestly trusted these people enough to believe that when I was up on my feet and could give them the stability I had given them before that they would give them back to me. Needless to say, within the past 8 months things have changed drastically. The papers state "reasonable visitation and access to the children", which I have found out to be meaningless and worthless. I moved out of the house shortly after the papers were signed, with the understanding that I could see my kids anytime, and I could take them on the weekends, and now I am allowed to visit with my kids in the grandparents' home with one or both of the grandparents present, every 3 weeks on Saturday morning from 9 a.m. - 12 p.m. I have never in no way been proved unfit, neglected my kids, or abused my kids. I have always seen that they get medical attention when needed, food, clothing, shelter, love, and pretty much anything they wanted. I am now engaged to be married on October 2nd, 2000... We have a house and two vehicles that are paid for. Our bills consist of utilities, groceries, personal care items, auto expenses, and home upkeep. Not having a house payment/rent or a car payment pretty much provides an allowance to support my children. My job is within 5 minutes of home, and being that I make up my own schedule I am able to work the hours my daughter is in school. My son would be in daycare or hopefully my neighbor who is a care-giver would have an opening for him. The grandparents do not think I am ready and able to support my kids, and have said they will fight me tooth and nail until they see that I am capable of doing it their way. I took complete care of my kids with no help prior to making this agreement with them, and I know I am ready to have my kids back... But with the way our judicial system works, me being the Mother, I have to prove that I am fit and not the other way around. PLEASE HELP!!! ANYONE WITH ANY ADVICE, OR ASSISTANCE WHATSOEVER WILL BE GREATLY APPRECIATED!!!

DESPERATELY MISSING THE WARMTH OF MY CHILDREN**************. IN TEXAS!!!!


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[LegalBeagle]

I am not sure why you are posting to this board.. but, her is the answer.. get an attorney NOW and file for a change in custody.

Your success chances depend on what the judge will think the effects will be on the children to move them. I did not see an age.. but generally bio parents have absolute rights unless SOMEONE ELSE proves them to be unfit. You just have to tell your story as you have done here, explain the new setup in your life and that you want your kids back as the GP are seriously effecting the relationship with the children.

You 'might' be able to file an Ex-Parte motion to get immediate temporary custody based on that the GP are limiting your access and seriously effecting your relationship. And that each day that goes by it is getting worse.

Get an attorney and sort it out now..


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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.