What can my husband do if his 13 year old got taken away from her mom and got placed under PCS? 1 Answers as of April 11, 2011Could we get custody of her even though my husband was never really around her? Since he wasn't notified, did he lose his rights? He is still paying Child support. How could he find out if he still has rights?
Reeves Law Firm, P.C. | Roy L. Reeves
If he is paying support, he has rights. When a parent's rights are terminated, the duty to support is terminated with it. So, as long as he is paying support he has not had his parental rights terminated. First thing, if he wants to get custody of his daughter, intervene into the CPS case, file a petition asking the Court to appoint him Managing Conservator, this will bring him into the case, and allow CPS and the Court to review his desires and ability to be a full time dad. Keep in mind, stepping into a CPS case is time consuming, this will be a new hobby. CPS will ask for all kinds of classes, etc. Do not sign a services plan. CPS will ask you to sign a Services Plan it is basically a list of things that CPS thinks should be done and by signing it, you agree they should be done and agree to do them. At this stage, make the Judge Order you to do them, unless, and this is a rare circumstance, the plan does not require you to do anything other than keep the girl away from Mom and bring her to Court.
Answer Applies to: Texas