I have a friend who can't afford an attorney. His wife lives in an half-way house for 6 months now. She came over last night to his house and took his son. Who needs monitoring because of seizures. She doesn't have a house to take him to while she is at work or over night at the half-way house. How can my friend help his son stay in a stable environment while the two go through a divorce. She also has a history of violence against the husband that has been recorded through the criminal system. Plus has caused hearing damage on the husband during one of the disputes. Thanks for your help!
2006-06-30 01:29:50 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Not sure if this will help any but it's worth a shot! Not to mention CPS here in Texas well... we all know CPS's rep of late which is sad because they are supposed to be there for the child as the child's advocate and protector. Anyway... I did a search and found this ; hope the answers and advice here help!
http://www.enoslaw.com/PracticeAreas/Child-Custody-Texas.asp
I'm not sure where in Texas you are or I would have googled for a good attorney at your location. More than likely though your friend will have to bring CPS into the situation to take control of his son for protective measures till he can get not only the hearing set but maybe a restraining order on her; especially if HE has full custody per the divorce papers and she only has limited or supervised visitation rights due to her questionable tendencies towards violence. The best thing for your friend to do is make sure all his T's are Crossed and his I's Dotted, have his Divorce decree, her criminal record as proof of violence against the child, any documentation by witnesses who have seen her violent tendencies etc. even a psych eval. if it was done on his son or any form of therapy that is being done or was being done for psychological help. That and any documents from medical professionals on the health of the child and treatments according to illnesses.
Despite our CPS's record here, Texas does strive to protect the child above all else. I actually think we have some pretty tough laws concerning child welfare.
I wish your friend luck and hope all works out for him and his son in the end. Normally it's the wife who gets custody and the ex the one to get visitation rights. However in cases where the ex wife is the abuser, unstable or what ever then the husband is the one to get the custody provided he is stable, has a full time job that he's been at for more than no less than 6 months but at least as long as 1 year with no disciplinary actions against him. Then of course there's the cases where neither parent is found fit to take custody of the child and said child is placed in foster care either permanently or temporarily with the stipulation that the parents get counseling, therapy etc. to prove they are a fit parent.
Hope some of this babble helps and look into a good lawyer who specializes in these kinds of cases. The more knowledgeable the better the attorney though you will be paying more for it, it's worth it in the end results.
2006-06-30 02:10:44 · answer #1 · answered by wildfire1696 3 · 0⤊ 0⤋
I'm not sure of the laws in Texas, but tell your friend to see the Cabinet for Families and Children and to check to see if Legal Aid is available in TX.
2006-06-30 01:36:54 · answer #2 · answered by Kristin 2 · 0⤊ 0⤋
go to court house file papers.
2006-06-30 02:04:20 · answer #3 · answered by chevy 5 · 0⤊ 0⤋
look for legal aid
they should be able to hepl u
2006-06-30 02:18:10 · answer #4 · answered by JAZY 4 · 0⤊ 0⤋