QUESTION
CPS filed a letter of Non suit and named me sole managing conservator. What visitation applies?
Asked on Aug 03rd, 2020 on Family Law - Texas
More details to this question:
My ex wife and I had 50 / 50 custody. CPS got involved and took full custody and placed my daughrer with me. During the CPS process my ex was arressted fo4 assault with a deadly weapon. CPS filed a motion of nonsuit and named me sole managing conservator (visitation not mentioned). In the CPS temp orders my ex only received 1 hour of supervised a week. In the original orders the ex received 50 / 50 custody. No additional final orders have been made. What visitation does the ex receive? Frisco Texas
1 ANSWER
If CPS filed a true nonsuit, then their entire case was dismissed along with any temporary orders entered. I do not know how they would legally name you sole managing conservator in a nonsuit. You may have been named SMC in a temporary order, but this appointment would go away with their dismissal of the case unless you had your own pleadings pending. I suggest you make an appointment to see a private attorney (to take a look at the procedural history) in order to give you accurate legal advice in this matter. If their case was completely dismissed without final orders, then you are back to the legal status prior to their filing (your prior order is still in effect).
Answered on Aug 04th, 2020 at 12:04 PM