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Messages - thesmithfamily_5

Pages: 12 3
Texas State Forum / RE: Child custody
« on: Oct 10, 2007, 03:31:35 PM »
Your son needs to contact CPS office to find out the status of the case. He will probably have to do this in person, fill out a form, show ID & maybe birth certificate. He should take any paperwork he has received from them and any temporary orders.

If the case is still open, he might ask them how to proceed. If the case is closed & it's been 6 months that the child has lived with him, he will need to file a SAPCR, asking for custody of his daughter.

The site I use is http://www.texaslawhelp.org/TX and under family law/Custody & Visitation is the Suit Affecting the Parent-Child Relationship (SACPR) section. It has all kinds of advice on how to go about this, I believe the hardest part for you will be notifying the mom.

This has info on how to file the paperwork to do this pro se, but a lawyer would probably not be a bad idea if you can afford it since CPS is involved.

Pickin's are pretty slim here. We're in the process of suing X for custody. She dumped them on her mom most of last year and even offered to let them come stay here with us. But when her parents found out they totally lost it, threatening to disown her if she followed through. So when it hit the 6 mo. mark we took our savings to an atty in the same county where the kids were living. of course as soon as she's served they move in with her, over 3 hrs away! go figure. anyway that's our story.  we're still pretty early in the case, but we're not giving up!

Dear Socrateaser / who can accept served papers?
« on: Jul 24, 2006, 01:40:17 PM »
My ex & I are currently in the middle of a custody dispute. The last I heard she was representing herself. It's nearing the end of our summer visitation and she just emailed me to ask when "they" were coming back. I'm getting suspicious that there's more to her question than face value, such as she wants to have me served when I take them back. However, I have to work so I'm not going to be able to take them back, my wife will.

My question is:

1. If she hired an attorney and is countersuing for whatever reason or is trying to serve me with production or interrogitories, etc. would they be able to serve my wife in my place? How does that work?

Thanks for the help!

Dear Socrateaser / question on wording
« on: May 17, 2006, 05:08:37 PM »
Dear Soc,

I'm the non custodial dad to 2 boys. I'm getting them this summer & I'd like to take them to see a councelor or in therapy, something. Their mom has the exclusive right to consent to psychiatric and psycological treatment of the children. I was wondering,

1. If I could get Mom to sign a "permission slip" allowing me to consent to treatment, would that satisfy the doctor's need for the mom's permission?

2. Should it be worded in any certain way or just take it from the context of the divorce decree (i.e., I Mom, the mother  & sole managing conservator to Son1 and Son2, do give my consent to Dad, the father and posessory conservator to phychiatric and phycological treatment of the children.)? somehow that doesn't sound right.....

Thanks for any help!

Dear Socrateaser / Modifcation of Custody agreement question
« on: Sep 28, 2005, 08:29:50 AM »
Dear Soc,
We've got an interesting situation where BM is wanting their 2 boys (ages 6 & 9) to live with DH and myself. BM is managing conservator and DH is possessory conservator. We've found an agreement here on SPARC that both parties agree to, where they will start being Joing Conservators, but we're unsure how to go about signing the papers. Oh yeah, this is in Texas.

1. BM was Petitioner in the divorce, DH the Respondant. ON this new agreement, would DH sign as Petitioner or would their titles continue to be the same?

That's the only question we have for now, Thanks for all your help!


Parenting Issues / SS's drawing
« on: Feb 28, 2007, 12:32:40 PM »
what do you think about this drawing? Background, Seth (11) is the 'artist', Zane (7) is the younger brother.... the caption at the top reads "starring Zane as the dead guy, Seth as the hero"

Is this normal behavior? We haven't asked Seth what it means yet, he's at his mom's now and we will see him again this Friday...

Parenting Issues / RE: psycological problems with the kiddos
« on: May 16, 2006, 04:09:53 PM »
Sorry, I tried to post this last night but it wouldn't let me...

I'm sorry if I led you to believe these were our reasons for filing for custody. It's because she left the kids with her parents for 9 months last year while she went and worked in another (not close) town.

But their problems are more than just being fat and wetting. It's the eating disorder that he's starting with stealing food and cramming it down his face as fast as he can because it makes him feel better. And the fact that he can't deal with life so he has to pull his sweatshirt over his head to hid from you in a public place (or the teachers at school). And when he crys, not just a coulpe tears, but he sobbing because the McDonalds crew forgot to put lettuce on his burger. Those are the reasons we think he needs to speak with somebody.

And it's the not caring that every kid in the playground is laughing at you becuase your entire front is sopping wet with urine MOST OF THE TIME. or because your mommy has to bring pull-ups to your school and you're 6yo. That's just not right.

Yes, we know we need to get BMs permission. And we will attempt to do that to the best of our ablilty. But their phycological wellbeing is at stake. And we can't sit by and just let them go to hell in a handbasket because their mommy says no. Shoot, if it comes down to it I don't care if any of the councelor stuff is even seen by a judge. I don't see it as fighting the battle with mommy, but really doing what's best for our children.

Parenting Issues / psycological problems with the kiddos
« on: May 15, 2006, 10:36:36 AM »

My DH & I are currently in the process of suing for custody of his 2 boys, 6 & 10. I believe this problems are not new, they've just gotten worse over the years. I'll start w/ the oldest.

SS10 has issues with food. He started gaining weight after his parents separated. At first it wasn't too bad, he was 6 when I met them and he was wearing 10R. Looking back at the pictures he looked like a healthy kid! Now that he's 10 he's wearing mens' pants, size 32" waist. He has a pot belly, he gets short of breath with a little exertion. He's got the self-esteem of a slug and he puts himself down so he knows the reason people laugh at him (class clown). Last time he was down he was caught taking a half-eaten burger out of the trash, he put it in his pocket and was planning on eating it later. DH & I went nuts, didn't know what to do! Finally we sent an email to everyone we could think of, principal, teacher, councelor, school nurse his mom & our atty. The principal contacted us and said they see the same problems (he also has issues with anger & accepting responsibilty w/ mistakes) and they're doing what they can, but with only 10 days left in school, there's not much they can do. When his mother was asked, she said "yeah, he did that here last week. I yelled at him for a long time!"

Now, SS6 (almost 7) wets his pants. This weekend he wet 5 times. Now, I'm not talking wetting the bed or just little dribbles that boys sometimes do. He is soaking wet, from the crotch to his knees. We do what we can to remind him, but even still, he will lie & say he just went or go to the bathroom and just sit there & not pee (yes, they both have to sit to pee, cause their mom's mother tells them it's "dirty" to stand.) Now, I know that it sometimes happens when kids play, they're "too busy", but it's not just that. On every single website I found it says most kids stop doing THAT by age 5. And he doesn't wet just a little and run to the bathroom. It's like he actually doesn't care what happens to him! Or what will happen to him! And again, when we informed their mom she said "he's just hard-headed".  (She calls him Brat all the time, like it's her pet name for him.)

I believe both of their problems are much deeper than she realizes or wants to admit. I don't know, I haven't figured out if she's too ashamed to ask for help or just blind to their needs. DH & I are planning on putting them in counceling this summer, despite the fact that he doesn't have that right, according to his divorce decree. But that's only 2 months out of 12! And our case isn't progressing as quickly as we'd hoped....... know what I mean?

Anyone have any advice? suggestions?

Second Families / RE: Southwest
« on: Jul 29, 2006, 07:50:40 PM »
Really makes you want to only buy the one way ticket, doesn't it!!!! Then she HAS to pay her 1/2 to get the kid back!!!

But then again, I'm sure this violates her rights... somehow....

Visitation Issues / RE: Heard from the Judge
« on: Feb 07, 2008, 06:34:33 AM »
I'm glad the judge didn't take away time, I figured he wouldn't. I'm not crazy about the comment he made about spring break, hopefully that won't be a problem in the next 3 years....

As far as going back to court, she could attempt at any time. She still has to prove a change in circumstance affecting SD. And child support is every 3 years.

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