Legal Question in Family Law in Texas
I'm the unmarried mother of 2 year old triplets. I had them while in jail on a sanction from my p.o. She felt I should have my triplets in jail so I couldn't use whole pregnant. So I sat in county jail 6 months and was supposed to be let out when they were born. CPS visit me in hospital and I had to call the father (who was the one giving me drugs in the first place ie the dealer ex boyfriend of mine) so that CPS wouldn't place them in foster care. I had no one else and he didn't use drugs if he had he been a user I would have just fought CPS and the foster system. Anyways I knew I was going to do the right thing for myself and children and so I thought them being the would be fine while I went to long term treatment to better my life for them. CPS agreed to place them with him and agreed on my long term treatment While i wad in my treatment center i got a letter from CPS stating they are closing my case and will have no more involvement with my family did I lose custody and no one ever tell me or send papers here and cps all knew where I was and he and I talked and wrote letters while I was getting help in treatment the whole 9 months never mentioned custody, court and anything, but he's abusive and he tells me he has custody to control me leaving i need to know facts
1 Answer from Attorneys
You only lost custody if there is a court order saying that you did. If there is no court order, then you both have equal rights to your child. If there is no court order, you could file a petition in a suit affecting the parent-child relationship. That would result in you getting some court-ordered rights. NOTE: If the children are doing well with their father, the court will probably let them live with him most of the time and will probably make you pay child support. However, you'd have about 42% of the children's time anyway and the legal right to see them without his interference.
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