I've had my neice for 4 months now my mom had her 2 months before that total she been in cps care for 6-7 months. My sister filed for child support even though she doesn't have kid can the dad come pick her up evern though he hasn't seen her since she was a 2 months old and keep her all weekend overnite. She doesn't know them. She has a breathing problem and cps said they won't smoke but the house smells of it is there anything i can do by texas law
2007-01-25 12:35:22 · 10 answers · asked by Anonymous in Pregnancy & Parenting ➔ Toddler & Preschooler
Did i mention the dad 17 years old
2007-01-25 12:52:45 · update #1
You really need to talk to a lawyer or social worker in charge of this case. But to be safe, you probably should not let them take her out of your supervision until you do get a legal answer. (Have them visit at your house until then).
2007-01-25 12:52:59 · answer #1 · answered by Erika 7 · 1⤊ 0⤋
I think u are putting the cart before the horse here on this one. As long as the child is in cps custody he will only be granted supervised visitation (just like your sister should be getting which means your sister should not be leaving with her or keeping her overnite)There are a few things that have to happen before the child's father is allowed visition, supervised visitation with or without your sister being present. After your sister files child support, if he questions it paternity has to be established and then the courts would normally grant him a visitation schedule, since the child is in cps custody, cps along with the state has the final say so regarding visitation. Once the father has established rights to the child then he along with his family can also be asked that they be considered for placement of the child just in case your sister does not follow through on completion of her court ordered services. Also p.s. any child support that is granted will go directly to the child/ chilod's caretaker, not your sister as long as the baby is in cps custody.
2007-01-26 13:23:25 · answer #2 · answered by HookemPanthers 2 · 0⤊ 0⤋
I assume that mom and dad weren't married. Unless the court has declared him the father, he has no legal rights. The court would have ordered the baby into his custody or awarded him visitation at that time. It sounds like he has no legal right to take her. For her sake, let him come to her to visit, but without a court order, no one is to remove the child from your care. If the court ordered it, then all you can do is try to have him declared unfit, that is nearly impossible.
2007-01-25 21:39:44 · answer #3 · answered by Huggles-the-wise 5 · 0⤊ 0⤋
i would hire a lawyer to deal with this one. If his name is on the birth certificate then he has every right to the baby. If CPS says that he can have her for weekend visitations then they have obviously okayed his house and the situation.
2007-01-25 21:18:43 · answer #4 · answered by chris l 3 · 0⤊ 0⤋
If the child is in CPS custody then he has to make a treatment pln with them and prove to them that he is a good father. He has to deal with them a lot. Trust me Im dealing with it in oklahoma. He cant just walk in and say let me have her.
2007-01-25 20:56:44 · answer #5 · answered by themom95 3 · 1⤊ 0⤋
If CPS says there's nothing preventing the visitation, then, by law, he has a right to visit with her.
I'm sorry... that's just the way it is.
2007-01-25 20:42:52 · answer #6 · answered by Amy S 6 · 0⤊ 0⤋
Talk to the case manager who is overseeing all of this. My first instinct is that you should not hand the baby over for a visit unless you have something legal stating that you have to.
2007-01-25 20:42:53 · answer #7 · answered by nimo22 6 · 1⤊ 0⤋
do you have full custody? check with cps 1st if i was you then if needed then a lawyer.
2007-01-25 20:45:11 · answer #8 · answered by Jeanette M 4 · 0⤊ 0⤋
You need to talk to a lawyer. I wish I could help!
2007-01-25 20:42:56 · answer #9 · answered by Trouble's Mama 5 · 0⤊ 0⤋
i dont know if there is a law or not but my gut feeling says...DONT LET HER GO WITH HIM!
can he just come see her at your house?
2007-01-25 23:05:53 · answer #10 · answered by JUST JOKING 2 · 0⤊ 0⤋