Here is a bit of background on my case: I have an 11 year old son with a woman who has constantly used drugs during her pregnancy. My son was born addicted to heroin and cocaine which caused him to be hospitalized for the first month of his life. Three months after our son was born, although we were living together, my son's mother filed with the Office of The Attorney General in Texas (OAG) demanding child support and joint custody. Although, this was quite upsetting since we were a family, after much convincing, I did not fight it. We lived together as a family for about 5 years after our son was born; however, she did not seek to give up the constant use of drugs so I decided to leave her. It was at this time that her parents, who were living with us, demanded that I leave the child with them and his mother. They threaten to call the police if I did not leave my child with them. I later found out that my son's mother simply left the child with her parents about the same time I left her. Since that time, she has gone to prison for cocaine possession and was released this past January. (Her parents also have criminal records in their past. Use of drugs for the grandfather and the grandmother was also arrested for unlawfully writing prescription drugs twice)
Ever since my son was 3 months, I have paid all my child support and have always up-to-date. About 2 years ago, the grandparents requested that I stop the child support payments since they were not getting anything from it and the child's mother was using it for drugs. The child's grandmother feared her daughter would overdose. An agreement was reached, with the aid of her parents, and we went back to the OAG and signed documents that I was no longer required to pay child support. I still buy my child clothing, etc. whenever he needs it or anything else for that matter. I do not do drugs and have never done any. I have had had the same job with the school district for 22 years. I have been a law abiding citizen all my life. My record is clean. I am a good man and got married two years ago to a wonderful woman who also works for the State of Texas.
Plain and simple: I want custody of my son. Luckily, his mother is not in his life because he has been exposed to drugs in her presence. Problem is that his grandparents have raised him and they will not want to release him to me. What needs to be done legally to have my son live with me and my wife? Please note that I have never been notified that my son's grandparent actually have documents stating they have custody of my son. If they do, they have never said anything to me and I have never been notified. I fear that they will be able to keep my son. They deny me access to my son even on the dates stated by the court. This month is the first time I am able to bring him home for the one month in the summer as stated in the visitation notice. When I picked him up a couple of days back, I was faced with an altercation with the grandparent but luckily, I was able to bring my son with me. I even went as far as calling the police and making a report on the matter. I know they grandparents love him but he is my son and I want to give him a great life. Please advise.
Ever since my son was 3 months, I have paid all my child support and have always up-to-date. About 2 years ago, the grandparents requested that I stop the child support payments since they were not getting anything from it and the child's mother was using it for drugs. The child's grandmother feared her daughter would overdose. An agreement was reached, with the aid of her parents, and we went back to the OAG and signed documents that I was no longer required to pay child support. I still buy my child clothing, etc. whenever he needs it or anything else for that matter. I do not do drugs and have never done any. I have had had the same job with the school district for 22 years. I have been a law abiding citizen all my life. My record is clean. I am a good man and got married two years ago to a wonderful woman who also works for the State of Texas.
Plain and simple: I want custody of my son. Luckily, his mother is not in his life because he has been exposed to drugs in her presence. Problem is that his grandparents have raised him and they will not want to release him to me. What needs to be done legally to have my son live with me and my wife? Please note that I have never been notified that my son's grandparent actually have documents stating they have custody of my son. If they do, they have never said anything to me and I have never been notified. I fear that they will be able to keep my son. They deny me access to my son even on the dates stated by the court. This month is the first time I am able to bring him home for the one month in the summer as stated in the visitation notice. When I picked him up a couple of days back, I was faced with an altercation with the grandparent but luckily, I was able to bring my son with me. I even went as far as calling the police and making a report on the matter. I know they grandparents love him but he is my son and I want to give him a great life. Please advise.