can CPS take my child?

[wife w/question]

What is the name of your state? Texas

my husband's dad and step mom took custody away from him and his ex wife. She is a drug addict and couldn't deal with her "problems". I guess meaning her child. Anyway she took the child over to their house and without any warning they ran to the court house and filed for temporary custody and a restraing order. Well they had to remove the restraining order on us because we didn't do anything to the people. Anyway to make a long store short.
They now have full custody and my husband's step mom told me that if I have a child that they state would not let me keep it. Is that true? If so, How can that be when his ex wife is the dope head not me or my husband?

 

[Phnx02]

What is the name of your state? Texas

my husband's dad and step mom took custody away from him and his ex wife. She is a drug addict and couldn't deal with her "problems". I guess meaning her child. Anyway she took the child over to their house and without any warning they ran to the court house and filed for temporary custody and a restraing order. Well they had to remove the restraining order on us because we didn't do anything to the people. Anyway to make a long store short.
They now have full custody and my husband's step mom told me that if I have a child that they state would not let me keep it. Is that true? If so, How can that be when his ex wife is the dope head not me or my husband?

I have a feeling you're not telling the whole story. If the ex was the "dopehead" and your husband was a great dad and provider, then why would HIS parents take custody from him too? And now they're threatening to do the same for any future children you may have together? Something else is going on here.

 

[wife w/question]

well this is kinda personal and I didn't really want to share it with everyone, but I know it's hard to understand the whole story without all the details.
My husbands father was a military man, which means my husband and his brother didn't have a father growing up, they had a drill sargent. If that makes any sence to you. The man was abusive to his wife and both of his sons. After his wife ( my mother in law) left him, he married the new wife. Anyway to make a long story short, After my husband became an adult, he and his father had a huge fight, I mean knock down drag out. Since that day, His father has done nothing but make my husband's life a living hell. I know I have been there and seen it with my own two eyes. When the ex wife took the child and left him in their care, that was the perfect chance to screw up my husband's life once again, and to gain the chance to raise another child since he screwed up so badly with the first two. I don't understand why he don't just move out of the way, he had his chance to raise his kids, and he messed that up. Now he needs to give my husband a chance to raise his.
I'm not trying to give you people a sob story or anything like that, this is the God's honest truth. I did not come to this site for pity or judgement, I came for advice and/or answers.

 

[rmet4nzkx]

There is more to this story. Look at the other posts.
There must be a reason why dad doesn't have custody and only limited visitation.
Also note that dad is 10k arrears and quit his job more than 6 months ago.
It is difficult to understand OP's posts, so perhaps, mom is not the only one with a drug problem.
Having money has nothing to do with this story, all dad had to do was show up to court clean and sober and tell his story, did he do that? If he refuses to work, how can he support his child?

 

[casa]

What is the name of your state? Texas

my husband's dad and step mom took custody away from him and his ex wife. She is a drug addict and couldn't deal with her "problems". I guess meaning her child. Anyway she took the child over to their house and without any warning they ran to the court house and filed for temporary custody and a restraing order. Well they had to remove the restraining order on us because we didn't do anything to the people. Anyway to make a long store short.
They now have full custody and my husband's step mom told me that if I have a child that they state would not let me keep it. Is that true? If so, How can that be when his ex wife is the dope head not me or my husband?

The good news is that your husband's parents won't be the ones to decide whether you keep a child you have~ Even though they have the child he had with his Xwife. (Unless he's been convicted or found guilty of something dangerous to his first child which you have not shared with us)

The bad news is that men rarely tell the 'new' wife all their flaws...and this story, along with your other posts, indicate there was more going on than you have shared with us. For instance, where was your husband when the druggie Xwife was not taking care of the children? (If he was just allowing it then he was failing to protect them) Where was your husband when the druggie Xwife dropped his child off at HIS parent's house? (Obviously not around) Where was he when the court hearings happened which gave his parents custody of his child? There are many more questions along that line

Your husband will have to get gainful employment (the kind you pay taxes on, like the rest of us ) and be consistent in paying his child support. He'll have to either establish visitation or follow the guidelines of the visitation he has now...he will have a chance to prove he can be a fit father. He has the right to petition the court to modify custody &/or visitation at a later date, once he's demonstrated these things.

 

[stevenslady]

stepmom is wrong

the only way cps can take your child is they find evidence of abuse or neglect.the state just cant take children away with a good reason.

 

[wife w/question]

Thank you Stevenslady, that is all I needed to hear, as for the rest of the posts, It would take all day to explain everything to you all. No, my husband is not a dope head, the ex wife is. No, there has never been any sort of neglect or anything like that while my husband was around. While he and his ex were still together he was working 12 hour days and was gone the majority of the time. Working, trying to take care of his family, what his wife did while he was gone is not his fault. Why do you think they are divorced? The child was under 2 when they divorced, no one will take a child away from it's mother if the child is under 2, unless there is psysical abuse, which there was not.

 

[djohnson]

Thank you Stevenslady, that is all I needed to hear, as for the rest of the posts, It would take all day to explain everything to you all. No, my husband is not a dope head, the ex wife is. No, there has never been any sort of neglect or anything like that while my husband was around. While he and his ex were still together he was working 12 hour days and was gone the majority of the time. Working, trying to take care of his family, what his wife did while he was gone is not his fault. Why do you think they are divorced? The child was under 2 when they divorced, no one will take a child away from it's mother if the child is under 2, unless there is psysical abuse, which there was not.

That is incorrect. They will give custody of a child to the most fit parent at any age. If a parent is fit, then a grandparent would never even have the opportunity. He was either found unfit or consented to letting them have the child. He could have fought and easily won if he was the great dad you are making him out to be. Just be prepared if you really believe the malarky you are putting on here, that after you have a child his behavior in your home can make CPS take the child. Grandparents may continually call CPS and make allegations, but as long as nothing is founded, they can't do anything. There is definitely more to this story.

 

[LdiJ]

I think that your real question is whether or not they can automatically take custody of any children that you and your husband may have in the future. The answer to that is no.

However if your husband was found guilty of a serious crime regarding his child that could give them grounds to sue for custody, depending on your state laws.

I suspect that they are trying to scare your husband into not pursuing his rights as a father.

Your husband needs to get a consult with an attorney.