Dropping a Custody Case

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

If a parent signs paper work and it is filed with the court for custody of a child can the parent change their mind and stop the proceedings? The mother has signed a waiver of service and also the paper work for Suit Affecting the Relationship of Parent child giving custody to another person. Although the paperwork has been filed no court date has been set. If the mother can change her mind what are the person who is seeking custody options?

The option is to let it go to trial.

Honestly without more details it's difficult to even hazard a guess.

How long ago was the petition filed?

So... you requested a child custody hearing, mom signed a waiver of service, mom has "changed her mind" about something (but you haven't told us what) and now you want to drop your case?

What's your relationship with the mother? Have there ever been any custody or support orders in the case?

The mother is the one who has changed her mind. I still want custody of the child as my husband and I know it is the childs best interest. My relationship with the mother was fine for awhile. We let the mother move in with us but when she found out that she was going to be the one to take care of the child if she lived here she left. She is very unstable and has been off of her meds for over 2 years. She is not mentally capable of taking care of a child. She has another that she does not have custody of either. I have bent over backwards to help this lady but she has no education no job no place to live and will not work. I do not want to drop the case. I just wonder if she can try and back out now. She called me and said she would tell the judge that she was forced to sign papers. I was not there when she signed them and it was done in the presence of a notary so I'm not worried about that just the best interest of the child.

As an added note. There has been no court order or support orders. I have had the child for 4 1/2 months. I do allow the mother to visit but only in my home and never alone. The father of the child is involved with the child on a daily basis.

Seriously, you need to explain exactly what your relationship is - because it matters.

Are you the grandparent?

Yes my husband and I are the paternal grandparents.

I also checked the status of the case with our county and a judge has been assigned but no court date has been set. The case was filed the last week of April.

Why isn't Dad filing for custody?

Dad is not filing because he was not named legal father at birth. I had a DNA test done and he has filed papers to be added as the childs father. He is in college and will get the child when he completes school and can support him

Does Mom want custody?

This is an important question.

The mother says she does but when she comes to visit she will play with the child fir about thirty minutes and then she has nothing else to do with the child. It appears her main goal at this point is to cause problems. She was the one that brought the child to me and asked if I would take custody of her. As stated before the mother is not emotionally capable of taking care of the child