Legal Question in Family Law in Texas

If my grandson has been living with since he was born and is know 3years old and my son lives with hes birth mother and hes three other children and there grandma calls cps on my son for the reason that he bruised on of the children and we get an unexpected appointment asked to take my grandson to get checked and with out me knowing they take my grandson, do yall think i have a chance to get him back home if i file a case for custody ?please answer asap.thank you

Asked on 7/18/12, 7:32 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

If they're actually going to pursue this, you'll need to file what's called a petition in intervention, which basically says that even though you're not the child's parent, you have standing to become a party to the case and you are requesting that you be given formal custody of your grandson. As things stand, without that or a normal custody order being put in place, your son would be able to come get your grandson at any time, with or without your consent. Because your grandson has lived with you for more than the last six months, you do have standing to file for custody (i.e., you're legally eligible, but it's not an automatic thing), but you'll have to actually exercise that option to get anywhere with it. To do this, you're probably going to have to hire your own attorney to represent you.

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Answered on 7/18/12, 8:03 pm

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