need some experience and knowledge

[shuckybucky]

I am the custodial father of 1 daughter age 11 in Texas. I got custody in 2005 and the BM has been off and on drugs since then. She managed to get complete unsupervised visitation back 1 1/2 years ago..... biggest mistake of my life!!! Now she is back on her meth and has moved in a 23 year old boyfriend recently out of prison (she is 33). My daughter and her half brother have started making complaints of abuse/neglect and I as well as the BF of half brother and some neighbors have made reports. CPS assigned the case to a special investigator (former police officer) and he was gung ho to ge tthese kids out of there. Today he finally tracked her and kids down and spent over 3 hours interviewing them. I call to find out what is going on and now everything is confidential and he can't tell me anything. I spent three years and thousands of dollars to get her out of that mess and now she is right back where she started. I have been to court 3 times since getting custody and honestly I am broke and frustrated. Even CPS investigator said if I had this history with my daughter my rights would have been terminated. The BM has lived in a house her father owns since she decided to "get clean" after losing her kids but now he is kicking her out. Knowing the family cycles this means he knows she is back on drugs and doesn't like the boyfriend so he gave her the boot. She has no car yet has visitation from school out and on Thursdays during school year. She has had her utilities shut off about 4 times in last six months and picked her kids up for Christmas break knowing her water and electric were shut off. My daughter cries because she doesnt want to go. The BM refuses to allow my daughter to take her phone or have any contact with me while she is there (she is currently there for 30 days). my questions are:
1. When CPS refuses to say anything does that mean they are substantiating some allegations?
2. When do I know to hire a lawyer (I dont want to jump the gun)? I dont want her to get clean while the case is waiting to go to court and I lose money and she loses nothing.
3. Anyone know a dream team of lawyers in my area to demolish this woman and end this nightmare for my daughter?

[ocean]

I am guessing that CPS did not have enough to pull kids out of there or they would have had you come and get her. When is she supposed to return?

CPS is horrendous in dealing with...if you had a lawyer you liked, maybe just pay them to make a phone call to CPS and see if they can get anything?

You can file yourself and save some money, I am thinking (and not a lawyer) that you can put in for modification papers of visitation to supervised due to XYZ (wait until she comes home to find out what is going on). Ask for drug testing again. Filing is free or small fee. Then you can pay a lawyer to represent you if you want or it gets too ugly at ANY point.

Also, you can call the local police and ask for a check in visit since you have not heard from your child and you know cps was called. (if you are not expecting her back soon). Will CPS be back there this week? Ask, and ask if they can have child call you while they are there, that mother will not allow child to call you.

If you go back to court, you can also address the phone calls. Either get a court order saying she can have phone or get specific times she calls you or you can call her.

[shuckybucky]

My daughter is actually going to a neighbors and sneaking calls to me. CPS will not say if they are going back and I am assuming the appointment the Mom and BF have with them tomorrow is drug testing. Knowing her history she will not show for the drug test and they won't do anything about it. I assume the case is not closed or CPS would just say it is closed. I am so sick of dragging that woman to court and she seems to come out with more in the end. I don't want to pay a lawyer if CPS is going to take action until I need to pay a lawyer because it seems all lawyers feel if CPS doesn't care then a judge won't modify visitation and cut the mother out. I didn't even get to the fact that the woman hasn't paid support on either child in over 6 months and didn't show for the mediation with Attorney General office. AG is supposed to be setting a court date for that but they don't get in any hurry. She hasn't paid a dime of medical bills or carried the insurance.... The system seems to work for the Mom. It was so hard to get her on supervised visits before that I don't expect to get them now that my daughter is 11. I was hoping to wait until she turned 12 and maybe she could talk to a judge herself but she is a kid and the Mom makes her feel guilty for not wanting to be there. She comes back July 31 and yes there are always storied of neglect/abuse when she comes back.

[Simplydad]

Shucky,
CPS likes to drag their feet in Texas but I can assure you that family courts do not when it comes to the welfare of the child.  Texas is one of the most father friendly states there is when it comes to fathers.  After reading some of the horror stories from other states it seems Texas got it right at least a little.

The first thing I think you should do is file a motion for modification.  The CPS investigation may be enough for a change of circumstance and that will get your motion before court.  Once you are before a judge ask for a GAL to be appointed for your daughter.  Once a GAL is appointed your daughter has an attorney whose is responsible for representing her only.   I am not sure how the GAL process works and I do believe the parents have to pay the fees but in this instance you will not be the only one required to pay....but I do not really know the answer.

However if CPS is truly dragging their feet you need to get an attorny involved.  While CPS may try to hide reports from you a judge can order they be viewed. 

[ocean]

I agree...wait until after today and see if you hear something about her drug test. You can file yourself without lawyer at first and get the ball rolling. If CPS does something, you can always drop your motion. In NY we did not pay for the GAL, neither parent. It was given by the courts, she was paid through the state I think. (and we both had private lawyers at the time).

[shuckybucky]

The BM did not show for her drug test...shocking!!! CPS still says they can't tell me anything and he has to speak with his supervisor for his next step. The kids are telling stuff but now we CPS is acting like the boyfriend is just kidding and they can't really substantiate abuse. I'm so sick of all this nonsense!!! I spoke with a lawyer who said its a gamble and if CPS won't make a move then its still hear say. He hopes to get the judge to talk to the child but it's still a gamble on what the child will say. I couldn't retain him yet because I have to scrape the money together (for the third time in 5 years to take her back to court). The only good thing as the lawyer said is that I have nothing to lose. He said worst case scenario is I walk out with same orders I walked in with but he thinks there will definately be changes. Just unsure of supervised visits being back in place...EVER. I know men that have done nothing to their children and don't get extended visitation but this woman has a history of neglect and meth use and still gets visitation.... rediculous!!!