My fiancee and I are trying to get custody of his 9 month old son who is the victim of shaken baby syndrome when he was two months old cps got involved and because a tx state law the mother got to place him with whom ever she wanted she chose her parents where she was living she was removed from the home but we don't believe she actually left we reported but nothing came of it we have only seen him twice she makes it near impossible for us to see him unless it benefit her which is never she has turned this case into all about her she believes we have wronged which in all honesty we didn't she walked out in him when she was 2 months pregnant they were not together when my fiancee and I began dating we are worried about the safety of the child both her and her mother are mentally unstable cps has not helped at all and we can't afford a lawyer what can we do!?
Assault & Battery Help - Shaken Baby Syndrome
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I'll see what I can provide for you but it seems like you need the intervention of the court in order to establish custody. With regard to which court, here is the relevant statute:
Texas Family Code
§ 103.001. VENUE FOR ORIGINAL SUIT.
(a) Except as otherwise provided by this title, an original suit shall be filed in the county where the child resides, unless:
(1) another court has continuing exclusive
jurisdiction under Chapter 155; or
(2) venue is fixed in a suit for dissolution of a
marriage under Subchapter D, Chapter 6.
(b) A suit in which adoption is requested may be filed in the
county where the child resides or in the county where the
petitioners reside.
(c) A child resides in the county where the child's parents
reside or the child's parent resides, if only one parent is living,
except that:
(1) if a guardian of the person has been appointed by
order of a county or probate court and a managing conservator has
not been appointed, the child resides in the county where the
guardian of the person resides;
(2) if the parents of the child do not reside in the
same county and if a managing conservator, custodian, or guardian
of the person has not been appointed, the child resides in the
county where the parent having actual care, control, and possession
of the child resides;
(3) if the child is in the care and control of an adult
other than a parent and a managing conservator, custodian, or
guardian of the person has not been appointed, the child resides
where the adult having actual care, control, and possession of the
child resides;
(4) if the child is in the actual care, control, and
possession of an adult other than a parent and the whereabouts of
the parent and the guardian of the person is unknown, the child
resides where the adult having actual possession, care, and control
of the child resides;
(5) if the person whose residence would otherwise
determine venue has left the child in the care and control of the
adult, the child resides where that adult resides;
(6) if a guardian or custodian of the child has been
appointed by order of a court of another state or country, the child
resides in the county where the guardian or custodian resides if
that person resides in this state; or
(7) if it appears that the child is not under the
actual care, control, and possession of an adult, the child resides
where the child is found.
Texas Family Code
§ 103.001. VENUE FOR ORIGINAL SUIT.
(a) Except as otherwise provided by this title, an original suit shall be filed in the county where the child resides, unless:
(1) another court has continuing exclusive
jurisdiction under Chapter 155; or
(2) venue is fixed in a suit for dissolution of a
marriage under Subchapter D, Chapter 6.
(b) A suit in which adoption is requested may be filed in the
county where the child resides or in the county where the
petitioners reside.
(c) A child resides in the county where the child's parents
reside or the child's parent resides, if only one parent is living,
except that:
(1) if a guardian of the person has been appointed by
order of a county or probate court and a managing conservator has
not been appointed, the child resides in the county where the
guardian of the person resides;
(2) if the parents of the child do not reside in the
same county and if a managing conservator, custodian, or guardian
of the person has not been appointed, the child resides in the
county where the parent having actual care, control, and possession
of the child resides;
(3) if the child is in the care and control of an adult
other than a parent and a managing conservator, custodian, or
guardian of the person has not been appointed, the child resides
where the adult having actual care, control, and possession of the
child resides;
(4) if the child is in the actual care, control, and
possession of an adult other than a parent and the whereabouts of
the parent and the guardian of the person is unknown, the child
resides where the adult having actual possession, care, and control
of the child resides;
(5) if the person whose residence would otherwise
determine venue has left the child in the care and control of the
adult, the child resides where that adult resides;
(6) if a guardian or custodian of the child has been
appointed by order of a court of another state or country, the child
resides in the county where the guardian or custodian resides if
that person resides in this state; or
(7) if it appears that the child is not under the
actual care, control, and possession of an adult, the child resides
where the child is found.
It should be easy enough to determine which court you need to use (that would likely be the county where the child lives in Texas.) Here is a relevant statute pertaining co custody that might be of interest to you.
Texas Family Code
§ 153.001. PUBLIC POLICY.
(a) The public policy of this state is to:
(1) assure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2) provide a safe, stable, and nonviolent environment
for the child; and
(3) encourage parents to share in the rights and
duties of raising their child after the parents have separated or
dissolved their marriage.
(b) A court may not render an order that conditions the
right of a conservator to possession of or access to a child on the
payment of child support.
Texas Family Code
§ 153.001. PUBLIC POLICY.
(a) The public policy of this state is to:
(1) assure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2) provide a safe, stable, and nonviolent environment
for the child; and
(3) encourage parents to share in the rights and
duties of raising their child after the parents have separated or
dissolved their marriage.
(b) A court may not render an order that conditions the
right of a conservator to possession of or access to a child on the
payment of child support.
The Texas State Bar seems to have many resources including a great Family Court Guide.
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