I have been the custodial parent of our son who is now 8yr old in Texas and awarded exclusive rights to decide where our child lives since our divorce since 2009. We have joint conservatory. My X moved ssoon after the divorce to Colorado due to military orders. Yesterday I just got a suit affecting parent-child relationship which comes with a Temp Restraining Order. This states we have no other custody order in place. So I understand that this is the wrong paperwork. I have file a written answer and I don't know how to word it. I went to consult with a lawyer they need like over $1000 up front for something I can do and it will be dismissed. Could they immediately dismiss the TRO or would I still have to attend the hearing. However I know I'm going to have to face the correct filings which will be a Modification of the current custody order we got in our divorce degree. So ultimately I will need a lawyer once that is process. However there has not been a major change and he been at the same school and resident since the original order. Would he even have grounds to proceed with modification? The only thing I see is he is using a domestic violence I charged my BF with like 2 years ago in which my son was not at home at the time and BF is on a deferred adjudication in which he took his classes and on probation. There hasn't been DV since, however we still have had our share of arguments. And he has never physically disciplined my son or abused my son.
My X is an E-7 in the military so yes he makes more than me and has a bigger home. So he keeps saying he will have a better life with him. I live in a nice area I'm in a duplex not an apartment. And the fact I have even made work choices around my son. I am home when he gets off of school and help with his homework. I can attend every sport practice and game. People call me the typical "soccer mom". I been with my son since day 1 and even when his dad lived right down the street he wasn't that involved.
Background- Never had problems before as he picked up and dropped off our son from his visitation even when he moved to CO. I let his Dad take him as much as he can due to him possibly deploying (he gets him every summer longer than a month and every xmas except last year when my Mom was diagnose with Breast cancer and he was taking forever to come get him) Recently after my X got married and now has a a new baby, which he didn't even tell his son until this summer when he first meet her at 6 months old. Plus I went to the attorney general office to enforce child support after one month he didn't pay and he wouldn't resolve it through numerous calls to him. OAG took their income tax return for arrears which I didn't ask them to do. Now there isn't any mutual agreements. The fact I had my 8 yr old son in track was considered to not be beneficial for him long term. In July I send in the modification for child support I haven't changed in 3 yrs, and a promotion. I got an open case from CPS which there was false allegations that my 8 yr old runs the street all hours of the night, I beat him and my 1 yr old has 2 black eyes and I have no food in the house. And my BF is a drug dealer. The CPS did there investigation and even gave me and my BF a drug test which we both tested negative. Plus my 8 year old has been with his dad for the past month. Than after that failed another call within a month of the 1st call to authorities, which caused police knocking at my door at 5:30am with more allegations that my son witness my bf break a tv, my 1 yr old doesn't have food and I beat my kid with a metal ruler (which I don't own and I rarely spank my kid, I take privileges away like TV, Games). CPS closed case. Than at the end of his visitation just before his school starts he threaten to enroll my son in Colorado with him. I went to the police department showed them my orders and they advised I could press charges for interfering with custody order. I choose not to do so and the police made a call to my X and told him he is in violation. I gave him a few days to get him here and he dropped him off at 9:30pm the day before the 1st day of school!
The Basic questions:
I have is how to write a response to the suit affecting parent-child relationship.
Once the suit , is dismissed does the TRO get dismissed or will i have to go to court still? Will he have to be there since he is out of state/ military?
Is there really enough evidence to proceed with modification based on past? Does there need to be enough evidence to file.
My X is an E-7 in the military so yes he makes more than me and has a bigger home. So he keeps saying he will have a better life with him. I live in a nice area I'm in a duplex not an apartment. And the fact I have even made work choices around my son. I am home when he gets off of school and help with his homework. I can attend every sport practice and game. People call me the typical "soccer mom". I been with my son since day 1 and even when his dad lived right down the street he wasn't that involved.
Background- Never had problems before as he picked up and dropped off our son from his visitation even when he moved to CO. I let his Dad take him as much as he can due to him possibly deploying (he gets him every summer longer than a month and every xmas except last year when my Mom was diagnose with Breast cancer and he was taking forever to come get him) Recently after my X got married and now has a a new baby, which he didn't even tell his son until this summer when he first meet her at 6 months old. Plus I went to the attorney general office to enforce child support after one month he didn't pay and he wouldn't resolve it through numerous calls to him. OAG took their income tax return for arrears which I didn't ask them to do. Now there isn't any mutual agreements. The fact I had my 8 yr old son in track was considered to not be beneficial for him long term. In July I send in the modification for child support I haven't changed in 3 yrs, and a promotion. I got an open case from CPS which there was false allegations that my 8 yr old runs the street all hours of the night, I beat him and my 1 yr old has 2 black eyes and I have no food in the house. And my BF is a drug dealer. The CPS did there investigation and even gave me and my BF a drug test which we both tested negative. Plus my 8 year old has been with his dad for the past month. Than after that failed another call within a month of the 1st call to authorities, which caused police knocking at my door at 5:30am with more allegations that my son witness my bf break a tv, my 1 yr old doesn't have food and I beat my kid with a metal ruler (which I don't own and I rarely spank my kid, I take privileges away like TV, Games). CPS closed case. Than at the end of his visitation just before his school starts he threaten to enroll my son in Colorado with him. I went to the police department showed them my orders and they advised I could press charges for interfering with custody order. I choose not to do so and the police made a call to my X and told him he is in violation. I gave him a few days to get him here and he dropped him off at 9:30pm the day before the 1st day of school!
The Basic questions:
I have is how to write a response to the suit affecting parent-child relationship.
Once the suit , is dismissed does the TRO get dismissed or will i have to go to court still? Will he have to be there since he is out of state/ military?
Is there really enough evidence to proceed with modification based on past? Does there need to be enough evidence to file.