Please help in Denton County

[luieluie]

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.
 
Thoughts??

[mafitz]

I still think you are right to stand your ground.  She is not likely to sign your agreement, but and this is JMO but she may be thinking she can use this to show that she tried to work it out with you amicably thinking it could go in her favor, or she could be worried about the fact that you have the CPS worker set to testify.
 
Have you looked into the psychologist yet?

[luieluie]

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.

[Davy]

Luie Luie
 
I applaud all your endeavors and further your ability to act on all issues rather than re-acting as well as your non-dying focus on the children. 
 
It seems to me she continues to demonstrate numerous pertinant reasons as to why she should NOT be a primary managing conservator. 

[luieluie]

Getting ready to finally see a Judge on Tuesday....
question....
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.

[ocean]

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.

[luieluie]

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.

[snowrose]

Excellent!!  Congratulations, Luieluie!!

One thing I would suggest just based on experiences that friends of mine have had.  When you go to pick up your son, have a copy of your temporary order with you - like in the glove compartment of your car.

I've seen several BM's now who suddenly create some kind of drama and start acting as though you're stealing the child.  If BM starts something like that, I'd suggest that you be the one to call the police and get them to the scene, then show them the temporary order.

Also, if BM acts anything like that I'd suggest that you request that the police file a report, so you have something to show the judge when you go back to court.

Good luck!!

[Kitty C.]

Also, bring and friend AND a camcorder with you.  You will need a witness and if you're alone at the exchange, she can say anything and you can't refute it.  Witnesses and recording helps to keep people honest.  If all else fails, request that the exchanges take place at a police station.

[luieluie]

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.