I am the CP in Texas. The BM has now taken a job working weekend nights. Her visitation is every other weekend Fri at 6p to Sun at 6p. She isnt really going to see her child because of work and sleep time. I have custody of BD because BM has a drug problem and had her children removed for abuse/neglect. Due to her history I know what is comming with child care (every dope head in town). Can I seek modification based on her new work schedule?
>I am the CP in Texas. The BM has now taken a job working
>weekend nights. Her visitation is every other weekend Fri at
>6p to Sun at 6p. She isnt really going to see her child
>because of work and sleep time. I have custody of BD because
>BM has a drug problem and had her children removed for
>abuse/neglect. Due to her history I know what is comming with
>child care (every dope head in town). Can I seek modification
>based on her new work schedule?
You can seek anything. Personally, I doubt if you'll get it merely on the basis of her work schedule, but check with a local attorney.
I'd be careful about accusing her child care people of being dope heads. Since that would clearly interfere with their ability to get work, you could be liable for slander. If, OTOH, you have ADMISSIBLE evidence that she's leaving the child with drug users, then that would probably be grounds for supervised visitation on a more limited schedule.
They arent licensed child care people. They are the dope heads she does her drugs with. Everyone she hangs out with or leaves her children with have criminal history of drugs/alcohol and CPS history.
Contact her and ask "Since you are working and our child isn't spending time with you as a result, what would be better for our child and you?"
Give her a month to respond.
Then if you still feel strongly about it -- and can PROVE the drug stuff, file.
Key is proving that there is a need for the change.
But see if you two can work it out for the sake of the child first.
IF you can prove those allegations and she leaves the child(ren) with them after your request that she not do so AND if you can prove that she continued to leave the kids with them, then I'd discuss with your attorney or CPS what it would take to get her ordered to have only supervised visitation.
what part of Texas do you reside and what county? I know some good attys in Texas.
I live in Randall county. I filed for supervised visits in April and due to Texas laws and having to change the case she got 6 months to get herself clean. My attorney said he didnt think I would get what I wanted at that point because she straightened up by the time we got to court date. I asked her to leave our BD with me instead while she was working but she said no. This is what she has done four 5 years. She doesnt want to take care of her children but she insists on getting every visit. Her family enables her and makes sure she gets her children (she has 3 with 3 men) regardless of the condition she is in. I have had numerous positive drug tests on her and CPS cases but it doesnt matter because all the modifications are temporary and she makes sure to complete everything and get back on standard visits and then right back to her old tricks. She lives in a 1 bedroom and she just moved a new guy in. Any ideas on how to find out a full name on this character. In the past I looked some of them up and one was a registered sex offender.
from what i understand I believe that if she has the kids around a registered offender he is in violation being around kids and she is in vioation of the texas statute having placed the kids in that envirorment. I would just do some snooping around maybe hire a PI to follow the NEW guy and to run a back ground check on him
hmmmm not sure if that's true.
I know of a house with a sex offender and at least a half a dozen kids live there.
Could it be state specific as to what the law says?
I don't know about other states and I'm not 100% about John J's post but it sounds correct.
I think Tx legislated it was illegal to post yard signs, etc. indicating "a convicted sexual predator lives here".
I was afraid that was my only way to get his full name. There is one PI here and he charges 500.00 minimum. She has had 6 live ins since March 07 (15 since 2003) and I have spent a small fortune. My attorney basically says birds of a feather flock together and he has no doubt every guy she brings in has a record (what decent guy would be with her or move in and kick children out of the only bed). He says do what you want but nothing will surprise him. I cant believe in this day that children are still allowed by law to be subject to this abuse and neglect. The last CPS worker said the boyfriend (at that time) was so violent that she would not go there alone but he could be alone with the children (he had also had his own children removed for abuse/neglect).
If you have a plate number you might try phoning DPS (800#). Fully identify yourself and very briefly explain you have a huge concern about your young daugther and kindly ask if they can tell who the car is register with. You might get lucky especially at noon hour when newbies are manning the phones (dialer). One might be surprised how understanding someone is of the circumstances.
Then I waltzed in to the Police dept one quiet Saturday evening and spoke with an officer. He proceded to tell me the PD was well aware of the vehicle and that I had the wrong name because both the plate and the vehicle had been stolen....that the people were extremely violent with criminal backgrounds ............
You may want to discreetly peek in the mail box or have a quiet conversation with the letter carrier.
Let me ask. Normally, at least in some states, when children are removed (change CP) from a parent due to drugs/abuse/neglect then supervised visitation seems automatic. What happened in your case ?
Is Tx. way behind ? Can you expound on why your attorney can't or won't move forward to better protect the children ?
The BM was placed on supervised visits but if the NCP is willing to work a safety plan then they get stipulations. The BM got off the dope and completed everything she was told to and so she got off supervised visits. We have done this several times now. Everytime she gets a little wiser and harder to catch. It pisses me off that this worthless parent has the same visitation that I (and most NCP) had and I had never done anything but take care of my daughter. My attorney thinks that I have moved too soon in the past and wants a mountain on top of her for court. He feels that right now I have a 60% chance of getting what I want but given her history if I wait it out then my odds go up. A lot of things cant be proven and they cant be used. Now the BM owes all medical bills (she hasnt paid a dime), allowed and admitted to counselor she allowed ex BF (who is court ordered no contact with child) around BD, failed to send change of information, failed to turn in job change for child support, had 6 different men live with her since March, etc. Her new BF does not have a car or a job so it is harder to track him. I will wait and see if he sticks around very long.
Sounds like alot to deal with and I understand your concern. As far as I know "Wellness Checks" can be called in to any police dept. at any time of the night or day regardless of current ongoing civil issues. Request that an officer go to the residence and check the "wellness" of the child and Id's of persons there. The officer may just be the one that solves your issues of proof. Like I said in the beginning though" as far as I know". I'm no expert by a longshot.