Legal Question in Family Law in Texas

the father of my boys is taking me to court to take gurdianship of my boys (14 & 13 yeras of age ) we had a family dispute in which my 14 year old ended up pulling out a knife and resulted in a big fight. The cops were called and cps is now involved. I ( the mother) do not have a criminal background but the father does. HE HAS KEPT ME AWAY FROM MY BOYS AND WONT LET ME SEE THEM , he hired an attorney and put a restraining order aginst me but I am gathering everything I can and preparing myself for court. I have applied for legal aid. I will not give up my rights and refuse to give him full custody of MY boys. I was never married to their father and we never went to court for child support.


Asked on 3/25/14, 11:21 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You desperately need a family law attorney. Try to borrow money to hire one. Look on this website and on www.avvo.com for one that you can afford. If you have applied to Houston Volunteer Lawyers for an attorney (or Lone Star Legal) you might be waiting months for an pro bono attorney. You don't have time to wait.

I doubt that guardianship is an issue - probably family court case and custody is the issue.

If CPS gave the children to the father then you should have the paperwork stating that you cannot see the children and what you need to do to fulfill CPS requirements. CPS can modify their requests at any time. You might end up going through 2 or 3 CPS workers while your case is pending since they don't stay at this type of job long. Keep accurate dairy of who you talk to at CPS, date, time & what was discussed.

His having a criminal background may be irrelevant - if it's for a white collar crime or it's more than 5 years ago, then his criminal background might not be relevant. If he's a registered sex offender, that would be different. You can go to the Criminal Courthouse and with his full legal name and date of birth pull up the criminal convictions against him. Merely being arrested is not enough - he needs to be convicted in order for the court to hear that testimony.

I hope this information has been helpful.

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Answered on 3/26/14, 6:18 pm


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