Hi Mr. S,
Very long story but here is the short of it and what I would appreciate help with.
My husband and I just gained custody of his daughter after a year battle in 264th Judicial court State of Texas. This case we were told, had to go to mediation.
At the beginning of the battle, the biological mother filed Child Protective Services charges against him and they were found to be malicious and dimissed. During the July 27th Suit to Modify, after negoiations between our lawyers, and faced with the jail term the false charges held, she relinquished the right to where the child lives and my husband became Managing Conservator.
However, since then every chance she gets, she now files assualt/assualt by threat, etc. charges on us and family members. NONE of these are true, we alway carry a video camera to the exchange.
She continues to do this over and over.
We currently have charges against us once again because my husband asked about the school uniform not being returned with the child
All of the exchanges take at the Bell County Sheriffs department court order because of her past history with judge.
Her husband was on the outside of the building and beginning cursing out my husband just becasue. This is a norm, we video taped it and went home.
1# What can legally be done about her huband cursing in front of the child and their own children? We have shown the video to our attorney and he says nothing can be done. I don't believe that. A protective order or something has to be done to keep him away from the exchanges.
2 # What can be done about her filing these false charges ? Each time we've had to pay our attorney a $800.00 retainer to file for discovery, which of course there is none, then the county drops the charges. This is getting to be too much. We are on the verge of breaking down and going below the poverty line. Of course she doesn't pay her court ordered child support, so my huband and I carry the financial burden for all of this.
Eric specifically asked that we ask you this:
"I wonder if at any point she can be prosecuted for false reporting, or if you and your wife can go after her for civil damages (defamation, intentional infliction of emotional distress, malicious prosecution, etc). Ask him about that."
3# What steps can we take to prevent her from being returned to her mother, should something happen to my husband. What rights would I have as her stepmother?
This year alone we have had to pay over 11k for this case and each time we call our attorney we are billed for it.
My husband and I just need some plain old fashioned help. This is so stressful and we can't afford to retain any more lawyers.
Thank you in advance for any help I receive.
Very long story but here is the short of it and what I would appreciate help with.
My husband and I just gained custody of his daughter after a year battle in 264th Judicial court State of Texas. This case we were told, had to go to mediation.
At the beginning of the battle, the biological mother filed Child Protective Services charges against him and they were found to be malicious and dimissed. During the July 27th Suit to Modify, after negoiations between our lawyers, and faced with the jail term the false charges held, she relinquished the right to where the child lives and my husband became Managing Conservator.
However, since then every chance she gets, she now files assualt/assualt by threat, etc. charges on us and family members. NONE of these are true, we alway carry a video camera to the exchange.
She continues to do this over and over.
We currently have charges against us once again because my husband asked about the school uniform not being returned with the child
All of the exchanges take at the Bell County Sheriffs department court order because of her past history with judge.
Her husband was on the outside of the building and beginning cursing out my husband just becasue. This is a norm, we video taped it and went home.
1# What can legally be done about her huband cursing in front of the child and their own children? We have shown the video to our attorney and he says nothing can be done. I don't believe that. A protective order or something has to be done to keep him away from the exchanges.
2 # What can be done about her filing these false charges ? Each time we've had to pay our attorney a $800.00 retainer to file for discovery, which of course there is none, then the county drops the charges. This is getting to be too much. We are on the verge of breaking down and going below the poverty line. Of course she doesn't pay her court ordered child support, so my huband and I carry the financial burden for all of this.
Eric specifically asked that we ask you this:
"I wonder if at any point she can be prosecuted for false reporting, or if you and your wife can go after her for civil damages (defamation, intentional infliction of emotional distress, malicious prosecution, etc). Ask him about that."
3# What steps can we take to prevent her from being returned to her mother, should something happen to my husband. What rights would I have as her stepmother?
This year alone we have had to pay over 11k for this case and each time we call our attorney we are billed for it.
My husband and I just need some plain old fashioned help. This is so stressful and we can't afford to retain any more lawyers.
Thank you in advance for any help I receive.