mardi 20 septembre 2016

Grandparents and Third Parties: Child Was Placed in the Care of a Third Party by DHS With No Court Case or Order

My question involves a child custody case from the State of: Texas

Hi, I am new here. Just wanted to give you my background on this problem. I am 18. I was 17 when I had my son. I was living in Texas with my boyfriends parents, then we got our own apartment. I had my son last November of 2015. I had this friend there named Josh, (fake name) Josh had a step mom who was trying to take custody of his 9 month old son. Here is where the problems began. When my son was 4 weeks old, Josh turned me in to welfare saying I had a dirty house and such. The welfare came over, said my home was unfit, and told me I had 2 choices. I could let them take my son, or they would call the police and they would forcibly take my son. So, I let them have him. I got no paperwork, no card from them, nothing.

This very day, I found out later, within 1 hour of them taking my son, he was places with Josh's step mom, who isn't even a foster care parent/household, nor a licensed caregiver or anything. I'll call her Nan (fake name) and Tess for the social worker (fake name) . So, Nan has had my son all this time, there has been no court, no judge, no paperwork, nothing about this. When I ran out of places to stay my mom and dad in Oklahoma came and got me. They met with the case worker Tess, (at Mcdonalds) and she told them there was no way this baby would leave the state of Texas, she wouldn't even consider it.

Now this worker Tess and the person with my son Nan call me and my mom up on a conference call and badger us for two hours wanting me to sign something called a PMC which stands for Permanent Managing Conservatorship, they tried to tell me this wasn't a permanent deal, it was only temporary so Nan could take care of my son. I told them it says Permanent in the title, and they said that was just what it is called. So, needless to say the call ended badly and I didn't agree to anything.

After talking with my family it was suggested that the DHS worker and her friend Nan were trying to badger me into relinquishing my rights to my son, without going to court, and that there may not even be a court order or custody order or case number for my son to start with. So, on their advice, I have called Tess since last Friday, 7 times in all, and she will not give me the case number. Might I add this is a very small town in Texas, the welfare office is about as big as a 3 bedroom home. So, I called the front desk, and asked the worker could I get my case number, she said sure, and asked for my info. All of a sudden she says hold please, then comes back and says I can't give you that information you need to get it directly from Tess. So, as a last resort, i called Nan, up till now they have let me call and check on my son, I asked Nan for the case number, she said she doesn't have that information, and I should not call her again.

Should I have gotten some kind of paperwork saying they took my son and why, and what I needed to do to get him back, and a court date to go to court and such. My mom says there should be a paper trail for everything they have done. I have never been given any paperwork, period. The welfare worker insists I still have all my parental rights, and that they don't have custody of my son, but then how was she allowed to take him and place him, without taking custody? I just don't understand all this.

If they don't have custody, and it's never gone to court or been before a judge, and Nan has no legal papers on my son, can't I just drive down there with my parents and take him? I am at a loss on what to do, they know we are all out of state now and don't have the money for an attorney, unless it's minimal. What are my options at this point? The only thing actively we are doing is my Grandmother just sent the Texas State Attorney General a long letter explaining all of this, not sure what good that would do, but she said it couldn't hurt...


Grandparents and Third Parties: Child Was Placed in the Care of a Third Party by DHS With No Court Case or Order

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