Hello,
I obtained custody of a little girl when she was 4 months old through CPS. The mother was on drugs and had 5 children. The maternal grandmother took four of the children and I took the 5th one. The mother of the child went to prison for 4 years after the child was one. The mother has now been out of prison for 4 years. The mother has not tried to take custody back of the child, nor has she attempted visitation for more than a handful of times since she has been out of prison. She doesn't pay for anything for the little girl, and does not even get her birthday or Christmas gifts, much less call her. The little girl is now 9 years old, and the mother is demanding the girl be given back to her. CPS says that she never terminated her rights, and therefore has every right to get her back. I don't understand why or how she could get her back after this long. I am very heart broken, because I have come to love this little girl as if she was my own. She calls me Mamma, and my husband Daddy. What can I do, or is this hopless?

I live in Texas

Thank you

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What can I do, or is this hopless?

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Probably nothing; it is probably hopeless. The child is in the legal custody of CPS, not you, and if CPS chooses to let the mother have her child, you have little say in the matter. But consult an attorney in Texas who may be able to come up with something.

I'm less pessimistic than AK. The TX courts are charged with considering the best interests of the child. And I can't imagine how her best interests would be served by tearing her from the only mother she has ever known.

I'm curious as to why you have not tried to adopt in all these years.

The mother will, at the very least, be required to prove she can now be a fit mother. I don't know what her state of addiction is but she will have to show she is clean. There is also the question of whether she is trying to get back her other 4 children. If she is only after your charge, that may be used against her.

There is also the question of your custody. Were you awarded custody by a court or did CPS just hand you the child to care for? What documentation do you have that you are the legal guardian?

You can certainly fight any attempt to remove the child from your care, but you will need a lawyer to do so. If I were you, I would get a good Family Law attorney and move to adopt the child. Let the mother try to fight the adoption.

What your not understanding is how the law works when it comes to parental rights. If the mother of the child hasnt given up her rights to the child then she has a legal right to persue those rights through the courts. What your not seeing is that it isnt as easy as your thinking. Since the mother isnt having regular visitation with the child that would have to be established first. Also is there a child support order in place?

A parent does not lose their rights, unless they are taken away specifically and that is rare. They look and try hard to unite mother and child. You could hire an attorney (don't try to deal with CPS without one) and file for a hearing in what is best interest of the child.
But,, if mother is changed, and doing good. It is likely they will get chlld back

It was asked if there is a child support order in place because that would be the only way to collect any money from the mother. I strongly suggest getting an attorney to see if you can fight to keep the child. Have you talked to a lawyer in the past about possible adoption? If so, what did you find out? If not you can ask but as said the rights of the mother were never terminated so yes, it is possible for her to get the child back.