Steps you can take to gain gain custody - as a Grandparent or family member:

I will begin this advice by reminding you what you already know:
If you are dealing with a situation of sexual abuse of a child in Texas, you must, by law, report the suspected abuse to the DFPS - Texas Department of Family and Protective Services. There is a hotline in Texas- 1-800-252-5400. Or you can make a report at www.txabusehotline.org.

If there is no evidence of sexual abuse, you must be prepared with a plan of action if you are a grandparent seeking to remove the child from the circumstances they are in. DO NOT EXPECT CHILD PROTECTIVE SERVICES (in Texas) TO TAKE ACTION THAT WILL GIVE YOU CUSTODY OR POSSESSION OF THE CHILD.

Other states have agencies that are charged with intervening to remove children where there is neglect and abuse. If there is clear sexual abuse in Texas, they can and will intervene. If there is not - and even though we may be dealing with neglect and even physical abuse - they often cannot or will not intervene. I have had cases where they walk into a residence, look around, see the clear evidence of abuse and neglect, and then turn around and leave, taking no action whatsoever.

This can be very discouraging for a grandparent or family member. It is shocking sometimes. And truly maddening. You must remember: What is needed for you as a grandparent or concerned family member is a long term strategy. That is because there is no short term fix. Fortunately the court system may allow you to bypass the whole broken bureaucratic nightmare of Child Protective Services. If you can get your case in front of the court.

If you are dealing with a family member who is struggling with drug addiction, or who is placing your grandchildren in an unsafe environment due to abusive or violent behavior in the household, there are steps you can begin to take immediately.

No matter what state you are in, it is necessary in this kind of situation for you to begin building a record. We advise our clients to begin collecting evidence – keep a simple notebook with dated entries of every occasion when evidence was observed of the condition of the children: details of family violence and names of witnesses; details of drug use and names of witnesses or other evidence. If you have information about what drug or drugs are being abused, so much the better. If you have names of police departments, with the dates of police reports, excellent. Names of medical providers and teachers or counselors, neighbors, and church information can all be valuable leads in assembling a record that can be the foundation of a critical mass of evidence for the Court.

We also urge our clients to obtain photographic evidence of the conditions which the child is forced to live in. Digital pictures are best, as they can be uploaded to a CD or displayed to the Court in a digital format.

It may be important for you to take steps to avoid having your access to the child cut off by a parent who is antagonized by your efforts. We often advise our clients to tread very carefully under these circumstances. A lot of information may be hidden from you by your adult child who is struggling with drug addiction or family violence. Often the parent is very ashamed or embarrassed about the situation they have allowed to develop. They may try to hide it and deny, for instance, that the bruises all over a mother’s body are from continuing hidden physical abuse. Every case is different.

Under certain circumstances, you as a grandparent or family member have the statutory authority to take the child for medical, dental, psychological, or surgical treatment (Texas Family Code 32.001.) There are situations where a medical care provider may examine a child without consent of the child’s parents (Texas Family Code section 32.005). And a grandparent or other family member may consent to immunization of the child under certain circumstances. Be sure you obtain legal advice if possible before acting on these statutes.

There are other steps that can be taken, which are dependent on the circumstances of each situation. Please call to make an appointment so that we may discuss with you the details of the case for the child you are trying to protect. And let us help you begin the process of building a strategy that you can begin to implement, in order to assure a safe and loving environment for your grandchild, niece, nephew, or younger brother or sister. Call us at 817-335-2037 to schedule an appointment to analyze the situation and begin the process of evaluating your options.

If possible, you should call us before you call Child Protective Services. That way you can be prepared for some of the ugly surprises that may be in store for you and the children.