our nephews

[Sarahs_Dad]

       Hi.  I'd really appreciate advice or opinion on our situation.  A few of you may already have heard of this case.  My wife's 6- and 10-year-old nephews were taken by CPS (DFPS) in Houston 3 years ago after my sister-in-law publicly blamed their older son's abuse and lack of special education on his school.  My brother-and-sister-in-law were suspected of drug (ab)use, "erratic behavior", risk of harm, and my oldest nephew of truancy.  Although forms were filed, hearings held, and a "family service plan" imposed, their Constitutional, parental and many other rights have been denied because their sons were taken before and without adequate evidence and no conviction or verdict of "substantial harm."  My sister-in-law is often so dramatic or exaggerant, incredible and manipulative that we can't depend on her or what she says.  I've seen her in action.  I tried not to have anymore to do with them after she made a highly offensive but false accusation of me and then they illegally recorded my and my wife's phone conversations in 2006 when I stayed at their home.  After our nephews were moved to and from a few foster homes my brother-and-sister-in-law (our nephews' parents) agreed for his ex-sister-in-law and their "sugar mama" in So. California to take custody of their sons as a foster mother/(permanent?) managing conservator, just to get them away from CPS and its foster care system.  She is single, wealthy, a paralegal for a prominent law firm, founder of the annual Candlelight Vigil For Children, active in a prominent children's rights organization, and a "control freak".  She and Judge Van Pelt in Houston wouldn't allow my wife, her parents (our nephews' grandparents) or me to contact the boys or send them gifts. As far as I know the CPS case has expired or terminated.  In the two years they've been in her care she (their current foster mother/managing conservator) has been maliciously and ridiculously limiting phone contact between our nephews and their parents from mere minutes per week to no contact unless and until the parents (my brother-and-sister-in-law) meet her crazy demands.  My brother-and-sister-in-law claim absurdly that the foster mom has told the boys that their mom, grandparents, my wife, our son (their cousin), I and the rest of their family are dead, that she told the boys' current school she is their mom, that she wants my brother-and-sister-in-law to divorce so she can marry him (her ex-brother-in-law), and for he and my sister-in-law to tell their sons that the rest of their family is all dead.  She wants everyone to recognize her as the boys' only family and parent. If true, of course that's abusive, fraudulent, incredible and pretty severe PAS. .About a year ago the boys were returned home briefly, but the oldest one caught the house on fire. Even though the fire was determined by CPS not be my brother-and-sister-in-law's fault, their sons were taken away again and given back to the foster mother/managing conservator in CA.  (My wife has spent time with her in the past.)  My brother-and-sister-in-law have apparently been off drugs around a year.  They both moved back here to Arkansas, about 50 miles East of us, last Fall.  The foster mom/managing conservator refused to let my brother-in-law visit his sons in person when he was in CA last Fall for job training.  The foster mom is planning to adopt the boys and TPR their parents pretty soon.  My brother-and-sister-in-law, my wife and my parents-in-law have begged me to let my brother-and-sister-in-law come to our house for holidays and when their electricity has been out, and to file for conservatorship (custody) of our nephews.  Just in the last few weeks I have decided to relent, be friendly, talk and associate with them again. They invited us out to eat and visit the weekend before last.  I didn't appreciate my sister-in-law pressuring me to take our nephews or she would no longer consider them hers.  They want us to get conservatorship/custody of our nephews and then give them back their sons on an on-going visitation basis.  My sister-in-law claims that CPS (DFPS) wouldn't challenge, evaluate, or over-see us since it is no longer a party, and that she has an attorney ready to change jurisdiction to Arkansas once the boys get here.  My brother-and-sister-in-law say they don't even have the more recent court documents and orders.  I'm not sure if Harris Co., TX, or San Bernardino Co., CA, has jurisdiction. At this point the foster mom could change the jurisdiction and venue to California, if she hasn't already. Supposedly the police have been to the boys' and foster mom's home and the boys' school many times (for I guess disputes/disturbances); they are against the foster mom and are willing to help my sister-in-law get her boys back.  What a soap opera, huh?!

        I want them to have their children, as every parent has a right to, and for me to really be able to be their sons' uncle. I don't want this controlling and cruel non-relative foster mother to adopt our nephews nor for her to retaliate or otherwise cause us problems with her issues and resources. She provoked the situation 3 or 4 years ago by telling my sister-in-law to accuse the school, which caused CPS's involvement. I don't want any more legal trouble since my, my wife's and our son's issues, needs and problems are plenty to cope with already.  My wife and I decided to file for intervention and conservatorship of our nephews.  I've been looking up and printing out Original Petition and Petition To Modify forms on //www.TexasLawHelp.org and all the laws cited in them.  Now I need copies of, or at least to see, the rest of the case file, a Motion To Intervene In A Suit Affecting The Parent-Child Relationship (SAPCR) form for Texas or help with what to put in one, and get input from experienced and knowledgeable people such as in this group.