What do your court papers say about visitation? That has to be followed by your ex regardless of what she wants or doesn't want. You should just show up at the designated time you are to get the children which is normally from 6:00 p.m. Friday to 6:00 p.m. Sunday 1st, 3rd and 5th weekends. Call a constable for enforcement of the visitation, she cannot refuse. What county are you in? What court where you in? Do your court papers say mediation has to be done first before returning to court if the stated arrangements don't work out? CPS is a joke from my experience and they don't have to have the information from a teacher to investigate. It sounds like your fathers place is also a danger w/the construction going on.
- Welcome to SPARC Forums.
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
Pages1
#2
Texas State Forum / RE: When CPS Attacks!
May 27, 2006, 10:38:17 AM
Hi,
I have been involved w/a case in the 315th and CPS as well. I have found the entire experience unbelievable. I was trying to get kinship placement of children removed from their father by CPS. Their mother is deceased and I am in the will as guardian for them but wills apparently have no legal standing if the state is involved in TX. I am interested in talking to you regarding your experience. Please email me either on this site or at [email protected]. Thanks
I have been involved w/a case in the 315th and CPS as well. I have found the entire experience unbelievable. I was trying to get kinship placement of children removed from their father by CPS. Their mother is deceased and I am in the will as guardian for them but wills apparently have no legal standing if the state is involved in TX. I am interested in talking to you regarding your experience. Please email me either on this site or at [email protected]. Thanks
#3
Texas State Forum / Wills and CPS Involvement
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.
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.
Pages1