Houston, TX asked in Family Law, Adoption and Civil Rights for Texas

Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this until the baby was a couple months old because my daughter hid this pregnancy from me. Now I'm trying to get my granddaughter to come live with me. She needs her family, not some stranger. But my daughter's friend refuses to turn the baby over to me or my daughter. She tells my daughter that CPS told her not to give the baby to anyone and to make sure she keeps the baby safe there with her. How can CPS tell her this when the baby isn't even in their custody? What rights do I have as a grandparent to get my grandchild from this lady?

1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the friend.

There is a preference that the baby be placed with family, as opposing to non-family or a foster family. As a grandparent, you can file an intervention into the existing CPS case and ask the Judge in the case to determine if you are a suitable placement for the baby, as opposed to the friend.

You should certainly consult with a family law attorney who has experience handling CPS cases to assist you in this process.

I hope this information helps. Good luck to you.

1 user found this answer helpful

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