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 I got custody of my BD age 5 on 12/1/2005 in Texas. I live in a different county and the county I reside in is a lot tuffer on deadbeat parents and rarely change custody. The current judge that is over our case is very unpredictable and flighty (every attorney I talked to prior to serving her said they dreaded going before him and if it was not in his court they would already be celebrating a victory). These are temporary orders because we filed for a temporary hearing to get it in court fast. BM mediated just prior to walking in to court. BM did not get an attorney and she thinks temporary orders means the whole thing is temporary. BM has to get off a safety plan with CPS before she can even be unsupervised with her children (hopefully it will take a while). She lost custody of 3 children with 3 fathers.
 I am the only father BM has fought. She voluntarily gave the other children up but I had to retain an attorney and serve her (I am also the only father that has ever paid child support). She thinks as soon as CPS clears her she will be able to get BD back so I expect to be back in court for final hearing eventually. I am not ever going to file for final hearing because everything is in my favor now and she will have to come up with the money for an attorney or represent herself.

 #1. If BD resides with me at least 6 months before final hearing is set can I get a change of venue for final hearing due to child residing in different county for at least 6 months?

 #2. If we have to go back for final hearing is she then in the position to prove it is in the best interest of the child to change custody and not just prove she is off the drugs and stable again (not the first time CPS has taken her children)?

I went to mediation with my ex husband in May 2005 to modify his visitation. We mediated and did not need to set a court date. At the time we mediated he owed 5,000.00 in medical support and had never carried insurance. I agreed to drop the arrearages to 3,000.00 to be paid at 75.00 per month if he would agree to pay 100.00 per month in medical support and I would carry the insurance and pay all medical expenses (this is a special needs child). He was to begin paying the 175.00 per month on June 1, 2005. This was the second time I had to go after him on medical/child support in less than two years.
  It is now December and he has not paid anything we agreed on. His attorney has not signed the orders or had him sign them and sent them to the judge. Obviously this is to his advantage and his attorney is well aware of what she is doing. My attorney has attempted numerous times to get the orders signed and sent to the judge without success. The state is telling me without the actual orders they cant garnish his wages (even though I have the mediation papers with everyones signatures).


1. What can I do to get the orders signed?

 2. Can I request we go before the Judge since they have been deceptive?

3. Can he be in contempt again on current medical support since he hasnt been paying what we agreed to or following the old orders?

4. How can I get the state to start garnishing his wages since I have the signed mediation paperwork?

Just wanted to let you know I did win custody and BM got supervised visits with 6 year old child. BM also lost custody of another child last week to his BF with supervised visits.

My daughter is 5 years old. I was never married to the BM but we have had court orders since she was 9 months old. I have never missed a child support payment and always carried insurance. the BM has 3 kids with 3 dads. in December of 2003 things started to go bad. their house was raided and illegal items found, they have moved 11 times in 18 months, the BM spent my daughters birthday in jail for truancy warrants, the live in boyfriend has been arrested several times in the presence of my daughter, every babysitter she has had has been arrested while caring for my child, CPS took her kids but gave them back because her drug test was negative, when CPS contacted her the last time she took her 2 year old to his dad and said he had to stay with him because CPS is investigating them, she has never had all of her utilities on (no water or heat etc.), there are a lot of things.
 My daughter has missed or been late 8 days this school year (she has only been in school two months because BM didnt enroll them when school started). I have documentation of all of this. I met her third childs father by luck recently and we compared notes. he had information I was not aware of and we are meeting with an attorney together soon.
 he has no court orders for his son but has had him the past year most of the time.  we live in texas (BM, child, and myself) and it is not easy to get custody from what I am told. I have kept a journal since my daughter turned three (that is when our court orders became very specific and easier to follow. I want to get custody but I dont want to loose and wipe out all of the evidence I have (since everytime you go to court you start over from that day forward).
  the BM voluntarily handed over the youngest to his father everytime they didnt have heat or water or CPS came knocking but she absolutely will not let my daughter live with me. It makes me suspicous of why and how can a mother decide that one of her children shouldnt live that way but her other child should. I am also the only father that pays child support so I dont know if that is why.
  I am disgusted with the whole situation and I need some support from people that have been through this. I just dont know how much is enough to get custody. we have never been to court since our original orders when my child was 9 months old and that was mutual so we just showed up and signed the papers.

  my questions are
1. how much evidence do you need to persuade a judge?

2. will it help for two fathers to testify on each others behalf or just look vendictive?

3. will it be harder because all three children do have different dads and will be separated?

4. what type of evidence does it take to modify primary domicile rights?

5. the BM has been on welfare for ten years will she get a court appointed attorney for a civil matter or will she have to pay for an attorney also?

6. if she is honest with her attorney would an attorney tell her to temporarily sign the children over and get her life together?

 BF wins custody. It was a long hard road but I did it. Dont give up!!!!

I served my ex for custody of my daughter recently. For the past two years things have been really bad in the BM home. I found out yesterday that the BM moved my daughter in with her grandfather after being served. The BM claims to have put the children in counseling and is getting an apartment tomorrow and getting rid of the live in boyfriend. The BM mother has moved my daughter 10 times since June of 2004 and now has moved her to her grandfathers and will then move her to the apartment so it will be 12 moves. I live in Texas and looked up the law for recording conversations and recorded one with her where she admits to everything including my child not living with her. I said the date and time 3 times and asked if my daughter could stay with me until she gets her life together and 3 times she said no. She even threatened to run at one point in the conversation. The BM is also going to be served by one of her other childrens fathers today for custody of that child. I am wondering if her moving the child out of the home and getting an apartment and getting rid of boyfriend will sway the judge her way or is it to little to late? She has done all this before when CPS investigates her and as soon as she thinks the heat is off her she goes right back to the same things. She doesnt know that I have school records to show my daughter has missed a lot of school. She has been in school 11 weeks and missed 8 days unexcused, been late 4 days, and been excluded due to immunizations 2 days. The BM didnt enroll her when school started she enrolled her 2 days late claiming the child needed shots but I got a copy of her shot record and no shots were needed. I just wonder if the judge will believe she is trying and not give me custody.

I retained an attorney to fight for custody of 5 year old daughter. The BM has another child with another man who retained an attorney also. She is going to be served with both custody suits at the same time. Our attorney is requesting a TRO hearing. (not exactly sure what that is). I called CPS two months ago on her and the caseworker called me back and said she closed the case and could not determine if the allegations are true. I made a complaint with Austin and the governor of texas and received letters that the case was not closed. The caseworker has not contacted me one time for information and has not returned any of my calls. I have now found out there is no running water or heat in the house. The BM knows CPS is looking for her and is hiding out so she cant see the house until they are ready for it to be seen. The other father also contacted CPS because the last time they went to the house the BM called him and said to come get the child CPS is looking for me. (already suspicious). The child has since told about abuse and CPS interviewed him (they live in a different county) and told BF not to let her have child back (no court orders on this child). Still nothing has been done about my child being there. I have records from city that there has been no water for 4 months, plumbing doesnt work, raw sewage exposed, etc. I also have school records that the child was not enrolled in school on time and has missed several days since she started. The school wrote a letter for me that they have attempted to contact BM several times because child needed shots (they listed exact dates and times) and BM never responded and child had to be exempt from school on more than one occassion. I feel like the school is on my side. If I could get CPS to get in there and do their job it would be great. Does anyone have any recommendations? Does my case seem reasonable to get custody? We live in Texas.

My daughter lives with her BM and is 6 years old. Her mother has moved her 12 times in less than two years, never given notice of change of address, every babysitter has been arrested in presence of child, BM spent childs last birthday in jail, house raided for narcotics and items found, bailed boyfriend out of jail at least 5 times over last two years, BM went to jail for truancy, refuses to seek medical care, CPS took children for one week from BM due to filthy house, the list goes on. I am going to seel custody but my attorney wants to wait till she moves to another county due to the judge we have. She recently gave one of her children to his father because CPS notified her they were comming. I live in Amarillo, Texas. CPS completely messed up the last report. they closed the case but we now know the house the BM lives in has been condemed and there is raw sewage exposed. I have made complaints to local law enforcement, Austin office of CPS (DFPS), senator, and the judge presiding. What should I do now with BM? My attorney quoted me 10,000.00 for custody battle. Does that sound reasonable and how do fathers ever get the money for this? Any advice would be appreciated I need to get child out of this mess.