how do i get them back??

[marriedwithchildren]

i am a recovering addict (9mo)in tx. my baby was born testing positive for drugs. rather than cps going thru court and putting my 2 childre in foster, my husband and i placed them with family. due to the fact that cps did not 'legally' remove them, they advised my family member to file for custody. we were served court papers that state that 'cps removed the children from *** and placed them in the home of ***' my question is due to the fact that cps did not remove the children thru due process, although the papers that are filed with the court say they did, do we have any legal recourse to return the children to our home with out subsequent action by cps, or having to go to court against my family member ???

 

[LegalBeagle]

i am a recovering addict (9mo)in tx. my baby was born testing positive for drugs. rather than cps going thru court and putting my 2 childre in foster, my husband and i placed them with family. due to the fact that cps did not 'legally' remove them, they advised my family member to file for custody. we were served court papers that state that 'cps removed the children from *** and placed them in the home of ***' my question is due to the fact that cps did not remove the children thru due process, although the papers that are filed with the court say they did, do we have any legal recourse to return the children to our home with out subsequent action by cps, or having to go to court against my family member ???

If CPS are aware at all of the situation, then CPS can not just return them anyway. One sniff of this and they will take the children and not even return them to the other family members.

You need to first clean up yourself, be able to prove to all concerned that you have changed and can offer a good life to the children, and then you need to petition the courts for custody.