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  1. #1
    Join Date
    Jul 2009
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    CA
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    3

    Question Can Grandparent Get Custody After CPS Placement

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

    ( Long...tried to give as much background as possible)

    My half sibling and his/her significant other lost custody of their child to CPS. My step-parent was denied custody because of criminal record and a drinking problem.

    (Note) Because of previous simultanious incarceration of both parents, my SP had temporary guardianship of the child when the child was taken into custody. The SP knew had substance abuse problems , but still allowed the parents to take the child and the child was living with the parents, going from house to house, with no residence of their own.

    The child was placed in a foster home for nine months. I was given temporary custody the tenth month, after a lengthy process because of my residential distance from the child.

    The parents failed to meet the goals CPS set in order for them to get their child back and rather than have their rights terminated during a jury trial, they relinquished during mediation for fear of losing the child they are expecting.

    I was then granted sole custody after the termination order. CPS is still the primary until adoption is finalized.

    The child, who is not quite two, has to live with me another three months before we start adoption.

    My step-parent is harboring a grudge because SP was not given the child in the beginning and SP can only have supervised visitation. Although I am not required to allow SP to have visits, I have along with the parents visits every other weekend, eight hours both Saturday and Sunday.

    Although I told SP I would adopt if rights were terminated when I first obtained custody, SP has been trying to bully me into allowing her to raise the child.

    SP informed me today that SP had obtained an attorney and who was confident he could get the charges dropped against my SP and SP says " I guess we are going to have a family fall out because once my charges are dropped, I am bringing her home. You act like she is your baby and she's not."

    What are SP's chances of getting custody of the child after the parental rights have been terminated and I have been given sole custody with placement for adoption and is it possible to do a closed adoption when it is a kinship situation ?

    I really want to allow my half-sibling and their now former spouse to have contact with the child, but I don't see how I can when my half-sibling's parent is causing all this drama. (HS lives with parent when HS isn't incarerated and does whatever SP says)

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can Grandparent Get Custody After CPS Placement

    I'm not sure what you mean by getting charges dropped - you seemed to be suggesting that these are criminal convictions. Are you talking about pending charges, or expungement? Also, if this person's an alcoholic, that's not something your lawyer can get "dropped" - you're either in recovery or you're not, and active alcoholics (or the newly sober) aren't good candidates for adoption.

    You have an advantage at this point, as it appears that you have custody, have been providing a stable, secure environment for the child, and will be able to continue that environment.

  3. #3
    Join Date
    Jul 2009
    Location
    CA
    Posts
    3

    Default Re: Can Grandparent Get Custody After CPS Placement

    Getting the charges dropped were my step-parents terms. The SP had already plead guilty and served jail time.

    I have since talked to someone who is a former ad litem for child protective services. He told me even if my step-parent manages to get it expunged, Texas Family Law Code clearly states that once parents have died, relinquished their rights, had them terminated or had the child custody given to a government agency, the grandparent could not request access to the child.

    Since my last conversation with SP, SP's behavior has become erratic. SP starts calling my cell at 5:45am and calls throughout the day. (Ringer is always off)

    SP has called a family member of mine, no realation to SP , who works for CPS and told the relative how SP plans to get the child back.

    SP told the relative I didn't give SP a chance to get the child.

    SP doesn't seem to realize I had no say so in CPS choosing me. The child was in foster care a month and a 1/2 before I contacted them after SP told me SP was not given custody because SP would not give me the caseworkers name.

    The child was with a foster family 9 months before she was placed with me because of having to deal with two different counties for home studies and things of that nature.

    SP knew the goal had been changed from reunification with parents to termination/adoption months before relinquishment / termination order.

    The judge ruled to keep the child with me after parental termination.

    Yet, SP is blaming me for all of this.

    The child's caseworker has suggested a restraining order. I really don't want to do that because SP is the childs grandparent, but behavior is making me fear for my safety when I take child for supervised visits with parents in the same town where SP lives.

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