Thoughts on this?

[Hisbabygirl77]

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

I am more looking for peoples thoughts on this than actually asking a direct question. My ex husband has two children besides the 3 he has with me. One a little boy almost 5 the other a lil girl around 2 who at birth (while he was in jail) was given up for adoption by his girlfriend. When he got out of jail he did sign for his rights to be terminated because well who knows he said he didnt want to but did it anyway. About two months ago he found out from friends of his mom who read it in the paper that they (cps) were trying to terminate his rights to his son through publication. His girlfriend (ex) had the lil boy taken away due to leaving him home alone while she went out at night. The girlfriend signed away her rights instead of going through a fight with CPS. (she always said she never wanted children)

Now my ex husband is trying to fight his rights being terminated and wants to get custody of his son. My ex in the past has had a drug problem and been to jail for drug charges. It has been 2 years since he was finished with probation and he has been in school since and will have his mechanics certificate (or whatever they call it) at the end of this year. Texas CPS is refusing to give him any information about his son and will not even let him know where he is. Can they really terminate his rights? He wasnt there when the girlfriend was leaving child alone at night. He was in a different state and hadnt been with her for almost two years. He would call to see how his son was and she would lie and say he was sleeping so he couldnt talk ect... CPS told him that he would never get his son back and they were going to have judge terminate his rights. Even though my ex has never been abusive to the child or had a violent criminal past can they do that?

Now that being said it doesnt mean I feel that the childs best interest would be for my ex to have custody as he is well just not father material. But that is not for me to judge.

 

[Isis1]

dad needs to go over CPS, get himself an attorney, get the next hearing date, file an objection, and be there at that hearing!!

 

[Hisbabygirl77]

dad needs to go over CPS, get himself an attorney, get the next hearing date, file an objection, and be there at that hearing!!

His parents have hired him an attorney and they did file an objection the hearing is sometime next month not sure on the excact date. Even his attorney though has told him that its not a sure thing and CPS seems certain that he will have his rights terminated. They have already placed the child with his bio sister at her adoptive parents house. While I personally think the child will have a much better quality of life with his sister and her parents I just dont know how CPS can flat out refuse to give any information to him about his child and act like he will never get his son back. Also his mom said they were going to get copies of his criminal records CPS that is and I have had a restraining order against him the past where he was not allowed around me or our three children about 6-7 years ago I think. Because he was teaching my son who was 4-5 at the time to throw (illegal) knives (he told my son that he was teaching him that way if my son got mad at me he knew how to scare mommy) brought a pitbull to my house to play with kids (because he knew when i was a child I was attacked by one and have a huge fear of them and scars to show why) telling my kids to call me Bi%@! and stating that if he couldnt have the kids noone would. This was during a time he was heavy into meth. My ex mother in law is worried they could also get the records from my restraining order. Can they do that?

Just another reason why I dont personally think hes fit. Although drug free he is not that same man.

 

[Ronin]

A parent abolutely has a right to a fair hearing on any termination proceedings.

However, if the court follows proper procedures and ultimately determines that the evidence in favor of termination is clear and convincing, then so be it. Due process will have been served, and hopefully so too will the best interests of the child. The fact that the child is being placed in a hopefully loving home with his sister is in my personal opinion a huge plus that favors this placement.

That said, some Texas courts, including CPS, have been known to take shortcuts with regard to termination proceedings. On the other hand, there is no shortage of case law in Texas affirming a parents rights of due process in parental termination cases, and that appeals courts and the state supreme court do reverse and remand many such cases back to the lower courts.

CPS is not an easy bureacracy to deal with. You just don't walk over to CPS or call them and demand anything. CPS is good at stonewalling when they want to, and it often takes an attorney who personally knows folks at CPS and whose buttons to push. Often these attorneys come from the ranks of former public defenders or the County Attorney's office. In this capacity they gained experience working together with CPS to prosecute tough cases, and may have gained some measure of friendliness and respect from those in the agency. Point here is that if the attorney is getting too much resistance from CPS, one should at least consider the possibility of finding another attorney. I believe it takes a special skillset and experience to succesfully navigate through the CPS bureacracy and fight parental termination proceedings in court.

While there appears to be a lot of negatives on the part of the father such that he may ultimately lose, on the face of what has been stated here, CPS would appear to be abusing its discretion in how it is handling this case. However, they surely can obtain any records from the restraining order you had against him.

 

[Ohiogal]

How long has his son been in CPS custody?

 

[Hisbabygirl77]

How long has his son been in CPS custody?

He has been in CPS custody for 3 months. The ex girlfriend had the dads phone number and address but lied to CPS and said she didnt know where the dad was. So he found out about CPS trying to terminate his rights strictly by luck when an old friend who lives in my town saw the publication in the paper and called his parents and told them. Neither him, his parents or his child live in this town any longer. He hasnt lived here in 4 plus years and the girlfriend knew that.

 

[Ohiogal]

He has been in CPS custody for 3 months. The ex girlfriend had the dads phone number and address but lied to CPS and said she didnt know where the dad was. So he found out about CPS trying to terminate his rights strictly by luck when an old friend who lives in my town saw the publication in the paper and called his parents and told them. Neither him, his parents or his child live in this town any longer. He hasnt lived here in 4 plus years and the girlfriend knew that.

Most likely he meets the qualifications for abandonment of the child if he hasn't been in touch for 3 months since the child went into custody> That is an issue. He needs to attempt to fight it.

 

[Hisbabygirl77]

Most likely he meets the qualifications for abandonment of the child if he hasn't been in touch for 3 months since the child went into custody> That is an issue. He needs to attempt to fight it.

He was in contact with the girlfriend she kept lying about sons whereabouts until he recieved word that the child was in CPS custody through old friend he thought child was with her. He lives in Colorado she lived in texas.

 

[Ohiogal]

He was in contact with the girlfriend she kept lying about sons whereabouts until he recieved word that the child was in CPS custody through old friend he thought child was with her. He lives in Colorado she lived in texas.

But he wasn't in contact with the CHILD and girlfriend didn't have custody. Hence, the state is pushing for (most likely) abandonment. That is the issue. The idea is a parent would have KNOWN if their child was not with the other parent and WHERE the child was if they were involved. He needs an attorney and he needs to prepare for an uphill battle.

 

[Hisbabygirl77]

But he wasn't in contact with the CHILD and girlfriend didn't have custody. Hence, the state is pushing for (most likely) abandonment. That is the issue. The idea is a parent would have KNOWN if their child was not with the other parent and WHERE the child was if they were involved. He needs an attorney and he needs to prepare for an uphill battle.

Thank you OG for your responses he has an attorney and I have told them its going to be a fight for him to not get his rights terminated. In all honesty I really hope for the child's sake he does get to stay with his sister my ex is just not capable of raising a child. Although my heart does break for my children who will not be able to have a relationship with their other siblings until/unless they can find them when they are older. My daughter always wanted a sister and she was so sad when the only sister she had was given up for adoption. If I could have adopted them both myself I would have. I will keep you all updated.