When Can CPS Deny Custody to a Family Member

Apparently CPS is telling my grandmother that no one will be allowed to get custody of my younger brother just because I called an asked how I can get custody. And that apparently if I pursue him they will keep him in foster care. I live in Texas and i'm not entirely sure what CPS can and can't do but I was wondering if someone could help me figure this out. The same woman that relayed my private conversation to someone else is saying she will make sure no one gets him just because I want him. Can they legally do that?

Your post is...confusing.

Please give us some more details.

Why is your brother in foster care?

Is he in Texas, too?

Please help us help you :)

Yeah I realized that afterwards, my bad. He is in Texas as well. He is in foster care and my grandmother is in the process of getting custody of him. He told me he wanted to live with me so I called, told them I wanted him, and asked how I could apply. Immediately following my conversation with the social worker she contacted my grandmother telling them I was trying to get him and that if I kept "causing trouble" which I was not, that they would make sure none of us would get custody. Are they allowed to say, for no reason, that they can take him away for something like that?

Well, you are somewhat muddying the waters. Do you think your grandmother is unfit?

(The very simple answer to your question is "yes" - if they sense that there will be disruption and/or hostility between family members fighting for custody, they can decline to place the child with either of you)

Yes my grandmother is unfit because she has nowhere for him to sleep, doesn't feed him, and is manipulative. Mentally, living with him could destroy him. She lies to him constantly. I could go on and on with reasons she shouldn't have him.

The thing is, I am not hostile. Matter of fact I planned to not conact them at all about this and keep it private. It's the social worker that called THEM and started shit.

I have not contacted any of them about this but my sister and mother have contacted and continue to harrass me.

Your grandmother is homeless? Starves him?

I'm trying to help you - but you must be completely honest and not exaggerate the circumstances.

WHY is your brother in foster care? Is CPS supporting your grandmother's attempt at custody?

She is not homeless nor did I say she was. She has been moving around as long as I've known her, a new smaller apartment every time I see them.
When I say nowhere to sleep i mean no bed. The two girls that live there each have their own room but he has nowhere. They don't feed him breakfast or lunch only dinner, they say"find your own food". I did not exaggerate, maybe you interpreted it wrong.

He is in foster care because our mother has had trouble with drugs and anger problems.

So he does have somewhere to sleep - there is no law saying he must have a room of his own. An air mattress on the floor is adequate. But please answer the question about CPS.

Usually, your Mom would have a case plan that she would need to complete. Is that the case? Or is she voluntarily relinquishing custody?

And where is your father?

They want to keep him within the family and she was in the process so I guess yes? I don't know.

Our mother voluntarily gave up all her custody and rights. Several of her children all have different fathers, I'm assuming my younger brothers gave up his rights as well but I'm not sure.

OK, so it does look like (at least on the surface) like CPS believes grandmother is fit.

I'll be honest, Amber - if you fight grandmother on this you could find yourself in for a lengthy and costly court battle and end up completely estranged from the rest of your family.

Depending on how old your brother is, his wishes may be considered - and although it's up to the court to decide custody, CPS's recommendation will carry a LOT of weight.