Habeas corpus hearing ordered opposing legal fees

[TexasGrandpa]

What is the name of your state (only U.S. law)? TX

I will try to be brief. CPS ordered me and my wife to take custody of our grandson from his mother while conducting an investigation. The grandson is my son's child, and he never was married to the mother. Our son is serving active military duty overseas, which is why we got temporary custody through CPS. The mother filed a writ of habeas corpus against us and won back custody during the hearing, despite herself having failed multiple drug tests and other unsavory traits. We had custody of the child for over 6 months prior to the writ. The judge then ordered us to pay half of HER legal fees and return the child.

I am in shock that we are faced with a few thousand in HER legal fees, despite our doing what CPS ordered us to do (upon threat of placing the child in foster care). To make matters worse, I recently lost my job and have no way to pay my own legal fees, let alone hers. Her lawyer is unwilling to consider an extension or payment plan. CPS has closed the case and will not offer any legal assistance from their own lawyers.

Has anyone heard of such a thing? Any suggestions on how I can appeal this or any other ideas? Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

I will try to be brief. CPS ordered me and my wife to take custody of our grandson from his mother while conducting an investigation. The grandson is my son's child, and he never was married to the mother. Our son is serving active military duty overseas, which is why we got temporary custody through CPS. The mother filed a writ of habeas corpus against us and won back custody during the hearing, despite herself having failed multiple drug tests and other unsavory traits. We had custody of the child for over 6 months prior to the writ. The judge then ordered us to pay half of HER legal fees and return the child.

I am in shock that we are faced with a few thousand in HER legal fees, despite our doing what CPS ordered us to do (upon threat of placing the child in foster care). To make matters worse, I recently lost my job and have no way to pay my own legal fees, let alone hers. Her lawyer is unwilling to consider an extension or payment plan. CPS has closed the case and will not offer any legal assistance from their own lawyers.

Has anyone heard of such a thing? Any suggestions on how I can appeal this or any other ideas? Thank you.

When CPS "ordered" you to take custody did this happen via a judge's order or did you do it without a judge's order? If it was without a judge's order then CPS did not have the authority to do that. That would explain the writ of habeas corpus and would also explain why the judge ordered you to both return the child and pay part of mom's legal fees. Technically, you were keeping the child without the legal authority to do so.

It particularly problematic if CPS closed their case, because in doing so, they admitted that they could not bring a substantiated case against mom.

 

[TexasGrandpa]

When CPS "ordered" you to take custody did this happen via a judge's order or did you do it without a judge's order?

No, there was no order. They bullied us into believe he would go to foster care if we returned him to the mother. We had no idea and just did what we thought we had to do. Shoot, now I think CPS should pay the fees, not us...

 

[LdiJ]

No, there was no order. They bullied us into believe he would go to foster care if we returned him to the mother. We had no idea and just did what we thought we had to do. Shoot, now I think CPS should pay the fees, not us...

Yeah...CPS overstepped their authority, big time, and now you are paying for it. You actually never had custody of the child at all. Mom did not win custody back, the courts forced you to return a child that you were withholding from the parent, without the legal authority to do so. You are actually lucky that the results were not worse for you.