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State Message Forums => Texas State Forum => Topic started by: bfsone on May 12, 2006, 09:58:34 AM

Title: Wills and CPS Involvement
Post by: bfsone on May 12, 2006, 09:58:34 AM
Hi, Has anyone run into this situation?  Apparently wills have no legal standing in TX if the state (i.e. CPS) is involved.  Is there any way to get around this besides petitioning State Representatives and State Senators to change the law which will take too long?

The issue is very good friend passed away Feb 2005 from cancer, in her will she names her sister and I as guardians for children when husband can no longer care for them or becomes deceased (he has health issues plus is very irresponsible), by August 2005 CPS had to be called in for a laundry list of problems.  Children are placed w/one of husbands brothers who turns around and returns the children, CPS puts children into foster care.  Emergency hearing takes place w/another brother of husband showing up in court, my friends sister and her husband, friends nephew and his wife and my attorney and I.  Friends sister and nephew don't live in county so judge says she cannot place children w/them and she has to go family first, other brother of husband and I are only ones in same county and judge orders home study on other brother even though first brother children placed w/returned them to father.

We then find out wills have no legal standing in TX when state is involved.  CPS, Child Advocates, Ad Litem attorney appointed for children completely disregarded will and mothers wishes for her children.  The brother who children were placed w/was asked to help w/brother when plans were being made in Jan/Feb 2005 and had no desire to even help his brother and didn't want to help w/children which he wasn't being asked to help with.  That side of the family is very distant, rarely see each other, aren't social and they despised my friend.  This is the last place she would want her children being, they have a better chance at a normal life in foster care.

Judge repeatedly told brother w/children she wanted maternal family and I having access to them but he constantly denied it w/o CPS setting a fixed schedule.  The children don't want to be w/their uncle and his family.  When they are returned even the 2 yr old says she doesn't like that home and doesn't want to go back.  Brother constantly lied to CPS, Child Advocates, etc. and I kept pointing them out I was viewed as being negative rather then case workers seeing a pattern as well as a problem.

How can we get the children out of this situation, they are too young to declare where they want to live?  It breaks our hearts taking them back.  This past weekend during visit, one of the children kept saying that I was their mom.
Title: RE: Wills and CPS Involvement
Post by: Aggiedad on May 19, 2006, 10:35:45 AM
I would find a VERY good and experienced family law certified lawyer.  This is the only way anything will get done.  I think that you should also try and research laws about your case.  I have never heard of anything like this so I really do not know where you would start.  

CPS that I have been working with in my county are very cooperative.  If you feel that you have a problem, contact the case workers direct supervisor.  Or Contact Commissioner Carey D. Cockerell at the TDFPS.  Phone Number 800-720-7777 and ask for Amii Leiner.  She is very helpful and will explain what she thinks you should do.  This is also called the Ombudsman Office for FPS (CPS).