Custody Trial on the 13th of Sept

[Forthelittleones]

Okay guys, DH and I are preparing for trial for SS on the 13th of Sept.

Here is the rundown...

SS lives with his mom in Oh.  We are in Texas.  DH had to file for paternity in order to see child as mom felt that it was not necessary.  Mom refused to sign papers until child was 3.  3-7 DH was active duty military. Saw child when he could.  Summer of 2001 - Mom agreed to summer visit.  Then filed emergency motion to stop as Dad had not seen child except for 48 hours total his whole life.  Dad took all evidence into court to disprove this and won 5 weeks with son.  Based on moms lies, we filed for custody.  GAL report came back that child had attachment to grandparents and therefore should not move even though mom was in abusive relationships, etc.  This was 1/2003.  We settled with a very good court order - then mom's world fell apart.

Mom was thrown out of her boyfriends house, mom stopped taking child to the doctor, stopped getting his prescriptions filled, stopped him from going to therapy when therapist stated that Dad would not get out of her/sons life, moved in with a child molestor and tried to hide it from us, was abused in front of the kid and had to be hospitalized due to a head fracture, moved and did not let us know, moved again within 3 weeks, moved into a new school district, then moved back to the old one and into a 800sg ft house with her new fiancee, his daughter, her two other children, SD and 3 large dogs, mom stated to DH "I have 5 years to screw up his life and you can't do anything about it", Mom says child is responsible for his own life and homework, mom refuses to help child with homework, then mom tries to stop summer parenting time due to child failing school (Judge denied as mom agreed prior that this was no reason to stop parenting time).

Pretrial was in June, Mom was pro se.  She tried to get a free attorney, her income did not qualify her for one.  She retained a criminal attorney from a new county since no one would represent her in her county.  

New attorney calls our attorney and says DH is only going to reduce CS. Our attorney says, pull out the motion, and pick any one of the 25 reasons we posted as the one.  Then offered her a 6 month trial of him living here to see if Dad can improve his grades.  Our attorney gave some case law and told her that it would be in everyone's best interest to settle out of court.  We will see what happens.

AND  - the Dad of the other two kids, he is suing for custody as well.  The judge combined the cases to save the county money.

Court is on the 13th, I leave for India on the 2nd and fly back into town on the 11th right before court.  GAL report is due on the 2nd but knowing our GAL, he will not submit it until the 10th.  

There is  3 -3 inch 3-ring binders full of info.  We have 50 tapes of calls from mom, grandparents, etc.  The tapes will not be transcribed but the relevant sections will be ready to be played - like the 911 tape, mom saying she doesn't care what grades he gets, etc.

Wish us look, hold us out in your prayers, give me advice, any and all help is appreciated.

Forthelittleones

[kitten]

Good luck! Get those recordings transcribed ASAP to use in court!  The judge may not want to sit and listen, but will read them and submit them evidence.

[Forthelittleones]

Thanks!  This Judge does not read the transcripts.  It is a pure waste of time.  We will use them to help refresh mom's memory if we need to.  otherwise as DH says we are pissing in the wind!

our GAL's word is gold.  I only hope that he sees what is best of the child.  Either way this is it.

For

[Joey D]

HELLO! I read your message. I wish you guys luck. It really upsets me, that a mother who is that horrible has her kid. I am fighting for my son who is 2, but the father is after revenge, because I couldn't handle his lazy work ethic. I am fit, loving mother of a daughter also who is 9.  The odds are against me, because of a bias evaluator who is from the same town as father. She said, I should back off of my highly affectionate parenting style because I cause my son stress when he separates from me. Can you believe that? She wants me to not show him love. He freaks out when he has to go back to his dad. It is horrible, and the worst thing I've ever had to deal with. My daughter is a straight A student, and doing awesome. So why can't I have my baby back. Father stole him from our house, took to another state, and started proceeding there. I didn't know about the UCCJEA LAW and binded myself to their jurisiction. THe home state really is in NE not CO. so we will Appeal it, if it goes his way.  He is daycare 45 hrs a wk. when with father. I am a stay at home mom, that is now married, we are defiantly financially secure. His father doesn't care that his son screams, cries, and throws huge temper tantrums when he has to go back. He only cares about getting back at me, because I won't support him anymore. He is 32 still lives with Mom. Son shares room with father in basement at his moms. He makes 13.00 hr. can't afford to get own place, his running my credit because I co signed a truck for him, can't even pay car payment.  Ev
Evaluator said that since his mom takes care of my son and him then if he loses his job then my son's life wouldn't change. But if me and my husband don't work out, since my X said we wouldn't. She said my sons life would change drastically. She's a fortune teller.  He has no morals, and a anger problem, and not to mention a crimianal record, but the evalualtor went for what he said, and all his lies, so I hope you guys win, because mothers like that don't deserve to have their kids.
       Good Luck                     JD