cps/custody

[navy_kids]

What is the name of your state? Texas

I want to be brief with this but I don't think I can. I have been reading this forum for a long time on and off and can't remember seeing this same situation. So here goes.....

Back in October CPS removed my neice and nephew from their home due to neglect and drug use. My sister tested positive for meth, she has a boyfriend(convicted felon) who refused to take a drug test. (She is still living with him). CPS gave her a case plan to follow she has completed some of what was required but HE has done nothing.

The childrens father has joint custody eow visitation, which cps would not give them to him due to his history(convicted felon) as well. So they placed my neice with me and nephew with my mother. Now she is talking about signing rights over to dad, which I dont think can happen due to cps being involved.

My question is do I have a chance in gaining custody of these kids?
I can answer any questions and give more background if needed.
Thanks in advance for ANY help I may receive

 

[Ohiogal]

Dad has superior rights than you. He can file a motion for legal custody and would win over you unless the felony he was convicted of poses a direct danger to the children (think child sex offender).

 

[Bloopy]

Dad has superior rights than you. He can file a motion for legal custody and would win over you unless the felony he was convicted of poses a direct danger to the children (think child sex offender).

I had a little trouble following, but it seems that Dad did not follow guidelines set by the court. If he was never given such guidelines then he’s okay. If he chooses to follow such a plan NOW, he’d still fair better than Auntie.

Back in October CPS removed my neice and nephew from their home due to neglect and drug use. My sister tested positive for meth, she has a boyfriend(convicted felon) who refused to take a drug test. (She is still living with him). CPS gave ***her*** a case plan to follow she has completed some of what was required but HE has done nothing.

 

[Ohiogal]

I had a little trouble following, but it seems that Dad did not follow guidelines set by the court. If he was never given such guidelines then he’s okay. If he chooses to follow such a plan NOW, he’d still fair better than Auntie.

Boyfriend I do not believe is the daddy. They are two separate people.

 

[Bloopy]

Boyfriend I do not believe is the daddy. They are two separate people.

Whoops!

Then the only thing possibly in his way is the felony charges, assuming they are relevant charges.

Which is EXACTLY what you already said. I’m a football bat.

 

[navy_kids]

Thanks for the comments so far....

No dad is not a sex offender(that I am aware of), he was convicted of DV against mom and someone else.
Boyfriend is someone different who has been convicted of multible drug charges.

Sorry if this post was difficult to follow I have ALOT going through my mind.

So OG can you tell me why cps refused dad temp. custody but he can file and get these kids? I am not trying to be obstinate but I really need help.
Have there been cases where other family members prevailed?

 

[Just Blue]

Thanks for the comments so far....

No dad is not a sex offender(that I am aware of), he was convicted of DV against mom and someone else.
Boyfriend is someone different who has been convicted of multible drug charges.

Sorry if this post was difficult to follow I have ALOT going through my mind.

So OG can you tell me why cps refused dad temp. custody but he can file and get these kids? I am not trying to be obstinate but I really need help.
Have there been cases where other family members prevailed?

I "think" it's because the courts can over-ride CPS policy.

 

[Ohiogal]

Thanks for the comments so far....

No dad is not a sex offender(that I am aware of), he was convicted of DV against mom and someone else.
Boyfriend is someone different who has been convicted of multible drug charges.

Sorry if this post was difficult to follow I have ALOT going through my mind.

So OG can you tell me why cps refused dad temp. custody but he can file and get these kids? I am not trying to be obstinate but I really need help.
Have there been cases where other family members prevailed?

What Bay said plus parents have constitutional superior rights when it comes to custody. In order to get custody you have to prove both parents unfit. CSB for placement purposes only has to prove that the parent may pose a danger -- very very different standards. If CSB has scheduled visitations, dad is attending, and there are no issues between dad and the children at visitation, dad wins. You lose.

 

[navy_kids]

Thanks guys....
I really appreciate the replys.. And there does seem to be issues at dads. She visited dad for the Christmas break and came home with double ear infections and some dehydration. I took her to the dr. got meds and now I am following up with an ENT specailist. I haven't heard from him since then.

He has only taken visitation 3 or 4 times since October. He doesn't call to check on her or anything else, I always have to call to see if he wants her, most of the time he doesn't.
Anyway I get that I have no rights and all of that. I just want to make sure these kids are taken care of properly.
I guess I will just continue what I am doing and see what happens. I really am trying to be proactive though. I don't want to see these kids hurt more than they already are.

 

[LdiJ]

What is the name of your state? Texas

I want to be brief with this but I don't think I can. I have been reading this forum for a long time on and off and can't remember seeing this same situation. So here goes.....

Back in October CPS removed my neice and nephew from their home due to neglect and drug use. My sister tested positive for meth, she has a boyfriend(convicted felon) who refused to take a drug test. (She is still living with him). CPS gave her a case plan to follow she has completed some of what was required but HE has done nothing.

The childrens father has joint custody eow visitation, which cps would not give them to him due to his history(convicted felon) as well. So they placed my neice with me and nephew with my mother. Now she is talking about signing rights over to dad, which I dont think can happen due to cps being involved.

My question is do I have a chance in gaining custody of these kids?
I can answer any questions and give more background if needed.
Thanks in advance for ANY help I may receive

Who is talking about signing over rights to dad? Your sister or your mother? In any case, neither has the right to do that because CPS is involved.

 

[navy_kids]

Who is talking about signing over rights to dad? Your sister or your mother? In any case, neither has the right to do that because CPS is involved.

My sister said this to my mother a few days ago.
I told my mother this would not be a good idea she (sister ) needs to stay in the "family plan" and work hard on getting her kids back.

 

[navy_kids]

I know this is all confusing. I just want what is best for these kiddos.
And apparently mom doesn't want to keep trying so she's saying she'll just give the kids to dad.

I am at a loss and that in itself is hard to admit. That is why I came here to try and get some answers. The legal answers have been given. Thanks!!!

 

[navy_kids]

Just wanted to let you all know ... Its been over a year now and we went to a court hearing today. The Judge gave my mother and I temporary custody of the kiddos. We petitioned against the mother and father; mom was defaulted on for not showing up and the father does have some limited visitation.

We'll see what happens now. Final hearing will be sometime late next year.....

If he does straighten up and the judge decides the kids go with him so be it..

Like I said I just want these kids to be taken care of!! Whether it be by me or their "parents"