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Messages - luieluie

Pages: 12
Father's Issues / Re: Please help in Denton County
« on: Sep 11, 2009, 06:18:11 AM »
When I look at the Court records online, I see that the same day that her lawyer took the case there were some documents filed.  It says....
"Sensitive/Confidential Documents Filed
(Filed in secure location)" Anyone have an idea as to what they are?  I will have to go up to the Court to see them, but was just wondering what everyone thought.Also,The CPS Worker brought a 3 inch stack of papers that I had admitted into evidence.  I haven't even seen any of it yet......it was in a sealed envelope and she handed it directly to the Judge.  I assume that all I have to do is ask for the case file and those papers will be made available.

Father's Issues / Re: Please help in Denton County
« on: Sep 10, 2009, 07:45:24 AM »

The TRO is active and in place now? If it is, then you should not be talking to her and she is right not talking to you (she can be arrested) Next time you are at court you can ask that the TRO have "XX may email regarding visits only". This way she is "allowed" to talk to you. Call the court where it was given and ask.

Our speficic TRO has no language in it that prohibits communication unless it is abusive.....and then, it's not enforceable by the Police.  I don't think I've ever heard of someone being "arrested" for placing one civil phone call.  Our TRO is primarily in place to restrict movement of the child.
Anyway, here's an update......
She showed up with an Attorney, I am still Pro Se.
On the motion for Temporary Orders the Judge ordered....
.....The TRO will stay in place until the case in final
.....The mother was ordered to submit to a UA yesterday
.....We will both have a psychological evaluation
.....There will be a social study performed
.....I will see my son for a supervised visit of 4 hours this saturday
.....On the 3rd weekend of September I will have my son from 8-6 on both Sat and Sun
.....Starting in October, I will have my son from 8am on Sat til 6pm Sun on the 1st, 3rd and 5th weekends.
.....Starting in October, I will have one mid week visit on Thursday from 6pm to 8pm
.....The case will be moved from an Associate Judge (doing child support cases) to a District court
.....We go back to Court on Dec 7th to give a "status update" to the Judge.
Seeing as though I have spent approximately 3 hours with my son since July 21st, I am extremely happy with the outcome.

Father's Issues / Re: Please help in Denton County
« on: Sep 04, 2009, 01:53:41 PM »
Getting ready to finally see a Judge on Tuesday....
I went back and re-read all the motions I submitted and on my "Original Answer" where I did a Counter Petition for custody and Temporary Orders, ....I noticed that I made a couple of mistakes when referring to myself and the Mother (Respondent/Petitioner/Counter Respondent/Counter Respondent)

Is the Court just going to dismiss my Petition for the mistake??
I have already drafted Motions to Modify and I'm taking with them with me, just in case I need them.

Father's Issues / Re: Please help in Denton County
« on: Aug 26, 2009, 06:31:09 AM »
Just a little update.

I went to the Courts, grabbed my case file and went to each and every court to see if they would put it on their docket....many of them offered, but noone could do a date earlier than I already had (09-08-09), so that didn't work.

I now have absolutely no way of contacting them.  About a week ago, she'd answer emails, but now she says that she won't respond as long as their is a TRO against her.....says that if I want her to talk with me, to have it lifted.

I filed a petition Monday requesting that the Court assess her a civil penalty for filing a False Report of Child Abuse.  I cited the paragraph in the Texas Family Code that says she can be fined up to $500 if she is a party to a SAPCR before she knowingly makes a report of abuse and then there ends up being no factual foundation for the report.  This instance fulfills the statutory requirements so the Court can assess a penalty.
She has not responded to my "Proposed" Parenting Plan at all.  I think we all knew she wouldn't go along with it.

Father's Issues / Re: Please help in Denton County
« on: Aug 20, 2009, 11:35:37 AM »
I was contacted by the mother today.  She wants to know what type of agreement I would be okay with, to present to the Court (assuming the Court would agree to our written agreement).  She asked me to put it in writing so that she could review and agree or not agree to it.
At this point (and after all I've been through) I think the only thing that I will agree to is what I have asked the Court for....
Joint managing conservators and I be given primary possession.  Standard Visitation for her.
I'm pretty sure that I'm just going to write it out and send it to her for her signature.

Father's Issues / Re: Please help in Denton County
« on: Aug 18, 2009, 02:25:46 PM »
Due to a scheduling conflict (Jury trial in progress) my hearing was reset.
Can someone please explain what type of form I am to use to notify the Petitioner and my witness (under subpoena) of the new hearing date?  Like, what the name of the form is so I can find it online.

Father's Issues / Re: Please help in Denton County
« on: Aug 17, 2009, 11:43:35 AM »
The CPS case worker received her subpoena and has already called me.....I guess she wanted to see if we were going to ask for a continuance so that she could testify  (WTF??!!  the whole idea of a "temporary order hearing" is to get some type of quick order on the books from the Court while the case is pending.)
.....according to her, the Court probably won't do anything BUT issue a continuance.....she says that she is speaking from experience and the fact that the case was set for 330 pm on a Thursday.  I told her that I was sorry if it inconvenienced her, but I needed her there because of the FALSE ACCUSATIONS that have been made.....I simply cannot go into court without her.
Can someone give me an idea of what to expect during my upcoming hearing on temporary orders?? 
Is she correct that the Court will probably just issue a continuance without taking action on any of the Temporary Orders I requested?

Father's Issues / Re: Please help in Denton County
« on: Aug 13, 2009, 06:13:07 AM »
I spoke with Legal Aid and Equal Right's for Fathers.  I ended up filing Pro Se.
Yes, I asked the Court to appoint a Guardian Ad Litem.
I have a journal of all of our interactions since she left.  I have been calling every morning at 10 am to ask if I can see him that day......a few times she would tell me "maybe" and that she would have to see how things worked out.  Ultimately, she would call that evening and say that it wasn't going to happen.......the first 2 times that I saw him (I've only seen him 3 since she left), she came up to my WORK during the day.  She would call and say "we're out here if you want to come out and see them".......Isn't this just a bunch of psychological abuse?
I can't believe that I'm actually having to go through all of this.  Things were not supposed to be like this way and I would have never thought that I would have to fight to see my son.

Father's Issues / Re: Please help in Denton County
« on: Aug 12, 2009, 11:59:44 AM »
The hearing for the TRO and the othe Temp Orders is set for 3:30pm on the 20th, so I'll let ya'll know what happened.
I also subpoened (sp?) the CPS case worker.  Does anyone know if that means that I will be able to ask her questions or if it just means the judge will??  I plan on asking her questions that I have ALREADY asked her so that the answers can be heard by the judge.
In one of my motions I refered to the mother as the "Petitioner".....is this incorrect??  If you remember this case was originally started by the Office of the Attorney General, doesn't that make them the Petitioner??  If so, will the judge throw out the motion or will he cut me some slack as an Alienated Father just trying to do the Pro Se thingie to see his child??

Father's Issues / Re: Please help in Denton County
« on: Aug 10, 2009, 02:42:46 PM »
This is the order of events.....
....SO is served with AOP regarding child support and conservatorship
....I tell SO that I want atleast joint conservatorship, don't really care too much about the support
....within HOURS she leaves under false pretenses
....the next morning she goes to ER with false allegations
....CPS has case for 1 day and 1/2 (working days) and notifies me that the case is CLOSED
I would think that the timeline makes it very clear that CPS is not involved in the AOP at all.  I have the written report from CPS and they make no mention of DA, police or any other govt agency.  The CPS worker told me (more than once) that she had NO problem with the child seeing me, but that it was up to the mother (because she had possession of the child)
I have filed my answer to the AOP asking for joint managing conservatorship and primary possession.  I also asked for a TRO, psychological evaluation, drug test, social study and an immediate visitation order.

This is what the papers say.....
"Parentage of the child subject of this suit was established when a properly executed Acknowledgement of Paternity was filed with the Vital Statistics Unit persuant to Texas Family Code, Chapter 160.  Because the parents of the child are separated, the court should appoint appropriate conservators persuant to Texas Family Code 153.005."

Also, in the WITHOULDING FROM EARNINGS FOR SUPPORT section it says, ........
"If appropriate, the Court should order (me) to post a bond or security.".....what does that mean??

Pages: 12
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