TEXAS custody, guardianship, kidnapping, CPS/FBSS

This is a discussion on TEXAS custody, guardianship, kidnapping, CPS/FBSS within the Adoption Issues forum, part of the Other Family Law Matters category; I have a sister who has 3 children with her ex-boyfriend(never married). They had a family based safety service case ...

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Old Mar 13th, 2011, 01:31 PM   #1
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Confused TEXAS custody, guardianship, kidnapping, CPS/FBSS

I have a sister who has 3 children with her ex-boyfriend(never married). They had a family based safety service case where the children were "removed" from their care for a period of time so the parents could complete a series of parental classes. They both completed them and got help through MHMR for their disabilities and got on medication to balance out the chemicals in their bodies I guess u could say. Some suggestions were set forth for both parents concerning the children. The 2 boys were placed with the father under the supervision of his mom n the daughter was placed with the mother under the supervision of myself. Later, the father came to pick up the daughter for an overnight visit n then refused to bring her back. Now mind you there is no court order between the parents for custody. They both maintain their rights and nothing has been proved at anytime that either parent is unfit to raise the children. We called the police because he refused to return her and showed them the family team meeting paperwork and he actually laughed at us. He told us CPS/FBSS is not a legal organization and they can only make suggestions as to what they think should be done. That they are not a judge and jury and cannot dictate what happens in the who gets what child and so forth. Now supposedly the social worker had called the father and requested a meeting that the mother was not to b told about and coached him on how to come here and take his daughter under the radar. They also told him they were looking into removing the daughter but had no valid reason other then they don't want the mother to have her to remove her. Now, his sister is telling us that he cannot care for all 3 children at once,he's angry,frustrated and doesn't really know what he's doing basically. Lets the baby sleep 12+ hrs a day and thinks it's ok,doesn't wash her bottles out after a feeding only rinses them out,little things like that. The mother has tried to reason with him and his excuse is that she is sick and unfit and she is never gonna get her kids back. NOT THE CASE. He then told her he wants her back.. So the truth had finally came out. What can we do? This is ripping the whole family apart and I just don't have the money for an attorney to just take his butt to court. Help us please!!!!!!!!!!!
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Old Mar 13th, 2011, 02:16 PM   #2
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Default re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

I wish to inform you that a person can self represent in court. If other parent goes to court for custody of child then you may self represent yourself. As parents were not married therefore child belongs to mother unless paternity is established. If paternity is not established by father then mother can only have child custody and she may report to law enforcement agencies regarding taking of child custody without mother permission by father. Further court considers best interest of child and if father does not take care of child then this fact can be informed to court and custody of child may be taken by mother even in court.

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Old Mar 14th, 2011, 09:58 AM   #3
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Default re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

You can certainly challenge any CPS action in court.
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Old Mar 15th, 2011, 04:06 PM   #4
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Default Re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

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You can certainly challenge any CPS action in court.
no she cant. these are not her children. she has no legal stranding to do anything.
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Old Nov 21st, 2013, 11:04 PM   #5
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Default Re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

Can a Texas court judge take the kids away from the mother if the mother did nothing wrong but is in a constant ugly custody battle with the other parent?
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Old Nov 22nd, 2013, 01:23 AM   #6
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Default Re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

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Can a Texas court judge take the kids away from the mother if the mother did nothing wrong but is in a constant ugly custody battle with the other parent?
Can they? Sure. But I'll bet there is a whole lot more to this story than what you're offering here. Judges usually don't take kids away if the parent isn't doing anything wrong.
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Old Nov 22nd, 2013, 06:11 AM   #7
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Default Re: TEXAS custody, guardianship, kidnapping, CPS/FBSS

Judges don't come around to your house checking on your kids. Your neighbor/mother/ex can't get a judge to take your kids. CPS can, and does. Having worked with CASA I've seen how truly awful things have to be before they will take action.

So yes, there's a LOT missing here.
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