What is the Judge Thinking???

[wendl]

Hun,
I understand what you are saying. Ok here is a thought, get all the info ready that you will need for trial (you would be suprised how some judges act) anyways.

Get everything together, see if their is a paralegal that can help you with the proceedures etc, maybe go to your local college and get a college law student to help you.

Get down to the law library and educate yourself.

I wish you all the luck, keep coming back.

PS We had a lot of info showing how mom is and how she lies bla bla bla but that wasn't admitted in court due to problems that our attoreny encountered with his paralegal passing away. (sorry off subject)

Good luck and keep fighting for your son.

**These are my opinions, they are not legal advice**

[Peanutsdad]

Ok, your cash is gone, you owe a staggering legal bill.


You have decided you have to finish the case pro se. I started my case pro se, and finished with an attorney for trial.


1st thing- GET RID OF THE EMOTIONS. If you are going to go pro se, you HAVE to be cool, collected, act LIKE an attorney. You cannot allow yourself to give into emotional responses whether in court or out.


Next, you need to make yourself familiar with Texas family law code,






http://www.capitol.state.tx.us/statutes/fa.toc.htm

http://www.capitol.state.tx.us/statutes/cp.toc.htm

http://www.capitol.state.tx.us/statutes/statutes.html


You also need to know your courts particular rules.

Next, read all these links here on sparc concerning pro se:

http://www.deltabravo.net/custody/index.html

http://www.deltabravo.net/custody/index.html

http://www.deltabravo.net/custody/index.html


I will warn you however, if your ex has an attorney, it is likely you could get chewed up in court simply due to you NOT knowing how to run a case.

In addition to going pro se, I would highly recommend you retain an attorney in a consultant capacity to advise you on how to order your case for trial.

Here is a compilation of Texas local court rules:

http://www.texaslocalrules.com/

Here are a couple of pro se links:

http://www.legalhelp.org/

http://www.legalfreedom.com/prc/

This link isnt in Texas, BUT its a good format to follow: http://www.firstdistrictcourt.com/prose.htm

[mikezz]

thanks for all the links.  I appreciate it.  My lawyer hasn't dropped me yet, however I just want to be prepared and if he doesn't I want to offer what I had planned.


thank you very much.

[FLMom]

Mike,

I'm thinking of changing my name from FLMom to "Old&Jaded". I SOOOO know where you're at right now. You're frustrated beyond belief that no one can see what you see from this person---someone you loved and trusted has turned into the most evil, despicable person you've ever known. Right?

Now, take all of this emotion and throw it out the window. PeanutsDad is right. The last thing you want is that anger spilling out in a courtroom.
I don't know that much about TX, but I don't think you're going before a jury. You're going before a judge who's seen things 100x worse than what you're laying out before him and he wants to go get his paperwork done so he can go fishing this weekend. Judges are human too.

Stick to the facts. Reams of articles about aborted fetuses and strip clubs are going to do nothing but show that you've lost it. I'm not being mean, I mean it. One of the things judges look for is the parent that will be most able and willing to provide the other parent with regular contact with the child. You go in there with guns blazing and they're going to write you off.

Money, as you've come to learn thus far, is the language that rules the world in trials. You mentioned that your lawyer did some digging on your ex's new squeeze and found out he had a record. Well, in most states you can go to the main law enforcement division and get that same info for about $30. It probably took him about two hours to be on the phone, fax, and stick that info into your folder. That's $500. This is legwork you can be doing on your own. Keep your lawyer, but do his work and lay it in front of him. Less $$$ that way.

Forget the articles, even though I KNOW it's taken you scads of time compiling. Basic files are necessary. Folders of the following info could be pertinent:

Proof of length of current residence.
Proof of amount earned per year.
Proof of amount spent on children's items.
Proof of payment you've made to your ex for child support.
Criminal records of ex's friends and boyfriend.
Any developmental records of child.
Medical records, especially if YOU were the one that took the child.
Proof of coverage of child's medical insurance.
Copies of correspondence between you and ex.

I'm sure there's more but I've blanked on some of the things in your original post. But I'm sure you can see where I'm going with this. There's not much here to get overly emotionally charged about. It's straight up "this is what I've done for OUR child". The fact that she left you with the child should mean a lot. If you have any correspondence from that time period, of telephone bills from her while she was gone, that MAY help a little.

Check all of the items that PeanutsDad mentioned. I wish you luck.

[mikezz]

thanks.  

I would like to ask if an email that I intercepted of her meeting a man at her club and spending the night with him and she also wrote that he invited her the next day for lunch with my 6 month old son and the guy bought shoes for my son that supposedly matched his.  (he was a prof. baseball player that was in her strip club.  Would this be important to bring up?

what are copies of correspendence between us about?  what exactly?

[lucky]

[em]if an email that I intercepted [/em]  What do you mean by intercepted?  Was it sent to you by mistake?  How did you get it?

Copies of correspondence between you two regarding the child, living arrangements, the reconciliation email.  Anything and everything between the two of you regarding the parenting relationship and that can prove that she was NOT afraid of you, you were NOT abusive, etc.


[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[mikezz]

intercepted email:

I had her aol password, and I happen to check it while I was in Calif. for a week, and I found the email in her "recently deleted emails" box.  i should post the email on here so that you could just see for yourself what it said.  

"if it looks like a duck, walks like a duck, quacks like a duck, guess what,
IT IS A DUCK."

[lucky]

I wouldn't use that.  The fact that you checked HER email will just come back to bite you in the ass -- no matter WHAT it says.

Even if she did give you permission, do you really think she'll admit that she did if she knows you have an "incriminating" email to use against her?

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]