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  1. #1
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    Default CPS Filing That Father Gets Custody

    My question involves a child custody case from the State of: Texas

    CPS has given my daughters to my kids grandparents for 90 days under a agreement of mom and stepdad get better type of program. 3-5 weeks later CPS discovered that mom and stepdad have been using meth via hair strand drug test. CPS called me today and asked me if I wanted custody of the children and I said absolutely and that they would notify the court that I want custody. I live in New York State and the girls are with grandma and grandpa in Texas and the other 2 kids from the other marriage have been split up. One with great grandma and great grandpa and the other with an aunt.

    My question is what are my chances of getting custody of my children since CPS is requesting I get custody to a judge since they feel the mother is unfit? Also what if grandma decides to fight for custody? Prior to this phone call today cps said they wanted managing conservatorship of my girls but because I'm involved I feel like they atre backing me up. If I said the girls are ok with the grandparents which I feel they are better off with me I feel that cps would have full rights and would put them in foster care. I would never give the grandparents full custody but I know grandma is willing to battle for custody because we spoke about the possible outcome and she said "over my dead body" if I was to seek custody. I told her before the cps family meeting if cps gives temp custody to u that it was ok but if its permanent I would go for custody and that's when she said that earlier quote. Also texas cps called ny cps and made a arrangement for ny cps to come to my home for a house check and a drug test which my girlfriend and I gladly agreed to.

    Has anyone seen a type of case or situation like this and what was the outcome?

  2. #2
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    Default Re: CPS Filing That Father Gets Custody

    The goal is generally reunification with the parents.

    How old are the children? When was the last time you saw them?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: CPS Filing That Father Gets Custody

    My youngest is 6 will be 7 in July my oldest is 7 and will be 8 at the end of the year. I was just in Texas visiting them last month. I see them 2-3 times a year whether it be visiting Texas or the girls coming to ny for their scheduled visitation. I call every week, am in touch with the school and the family.

  4. #4
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    Default Re: CPS Filing That Father Gets Custody

    If you only see them a couple of times a year, you may find that the court would find it more reasonable to keep the children in Texas where they're familiar with everything.

    You really need to see an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: CPS Filing That Father Gets Custody

    Even if cps is looking to terminate the mothers custody and possibly take full custody? They were looking for primary conservatorship. But they can't because they have to consider me. I only see them a couple times a year because that's what my court order allows me. It's the basic visitation criteria they have set up in the state of Texas.

  6. #6
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    Default Re: CPS Filing That Father Gets Custody

    Okay, how many times and for how often do you seem them?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: CPS Filing That Father Gets Custody

    Xmas on even years and new years on odd years, spring break,summer. Also every other thanksgiving. I see them for every visitation except a thanksgiving holiday because its a short visitation and the cost of travel is close to 3k. I have to buy myself a 4 way ticket and the girls each a round trip ticket from wny to Texas.

    Xmas and New Years is about a week and 2 days same with spring break and summer is about 2 months. I've also gone for a weekend or 2.

  8. #8
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    Default Re: CPS Filing That Father Gets Custody

    Quote Quoting Sabres
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    Xmas on even years and new years on odd years, spring break,summer. Also every other thanksgiving. I see them for every visitation except a thanksgiving holiday because its a short visitation and the cost of travel is close to 3k. I have to buy myself a 4 way ticket and the girls each a round trip ticket from wny to Texas.

    Xmas and New Years is about a week and 2 days same with spring break and summer is about 2 months. I've also gone for a weekend or 2.


    Okay, so you have a somewhat regular long-distance order.

    Get thee to an attorney - I'm talking first thing in the morning.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
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    Default Re: CPS Filing That Father Gets Custody

    Update.......

    There was a hearing and we were each appointed attorneys and the girls have a guardian ad litem. In that hearing the judge asked if I would like to take the kids and I said no because I would like for them to finish school ( they are staying with grandma) but I would like to take them home to ny once school is finished. My ex and her spouse both tested positive for meth and opiates. I voluntarily took a drug test and passed and cps of Texas sent cps of ny to do a home study and my gf and I passed. Now, in that hearing the judge ordered another hair strand drug test to my ex and her spouse to give them the benefit of the doubt but they never showed up for the drug test that following Monday and she was arrested later that week with to charges of a controlled substance. Our next hearing is next week and I advised my attorney I want custody and the guardian ad litem also said she wants my kids with me as well. What are my chances on getting custody of my children and is it possible they will only extend my summer visitation and advise the girls go back to Texas? I know if they go back to Texas they can't go back to grandmas because she sold her house and is moving out of state. Will they go into foster care or go back to my ex or one of her friends?


    There is a lot more to the story but this is basically what is going on. The other 2 kids have been split up already one may go back to my ex but the other was taken by his mother to another state but not sure if she will give him back and she took him without even going to court. Is that legal?

  10. #10
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    Default Re: CPS Filing That Father Gets Custody

    Quote Quoting Sabres
    View Post
    What are my chances on getting custody of my children and is it possible they will only extend my summer visitation and advise the girls go back to Texas?
    From what you've told us your chances seem pretty good - CPS and the GAL seem to prefer custody with you over the grandparents, and the judge has already cleared the way. What's possible? Anything's possible. The best person to assess your chances is your lawyer.
    Quote Quoting Sabres
    I know if they go back to Texas they can't go back to grandmas because she sold her house and is moving out of state.
    That may be a part of why the court and CPS are wanting to place the children with you - because grandma is moving and hasn't taken steps to keep custody. You haven't shared those facts with us.
    Quote Quoting Sabres
    Will they go into foster care or go back to my ex or one of her friends?
    If Texas gives you custody in New York, they are not going to want to again incur the cost of foster care; you've told us nothing about mom's friends or why any of them might be considered for custody, but it would be very unusual for a court to be considering a third party when they have a willing parent, approved by CPS and the GAL, who is ready and willing to take custody. You should look into changing the custody order between you and your ex so as to clarify how the children will be protected in the event that Texas closes the protective services case based upon the children's domicile being changed to New York, if that's the court's intention.
    Quote Quoting Sabres
    The other 2 kids have been split up already one may go back to my ex but the other was taken by his mother to another state but not sure if she will give him back and she took him without even going to court. Is that legal?
    If the court has told her to bring the child back to Texas and she has refused, she could face legal consequences. The rest depends on the facts, which are not known to us. Talk to your lawyer.

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