need all advice

[marnbuk]

I retained an attorney to fight for custody of 5 year old daughter. The BM has another child with another man who retained an attorney also. She is going to be served with both custody suits at the same time. Our attorney is requesting a TRO hearing. (not exactly sure what that is). I called CPS two months ago on her and the caseworker called me back and said she closed the case and could not determine if the allegations are true. I made a complaint with Austin and the governor of texas and received letters that the case was not closed. The caseworker has not contacted me one time for information and has not returned any of my calls. I have now found out there is no running water or heat in the house. The BM knows CPS is looking for her and is hiding out so she cant see the house until they are ready for it to be seen. The other father also contacted CPS because the last time they went to the house the BM called him and said to come get the child CPS is looking for me. (already suspicious). The child has since told about abuse and CPS interviewed him (they live in a different county) and told BF not to let her have child back (no court orders on this child). Still nothing has been done about my child being there. I have records from city that there has been no water for 4 months, plumbing doesnt work, raw sewage exposed, etc. I also have school records that the child was not enrolled in school on time and has missed several days since she started. The school wrote a letter for me that they have attempted to contact BM several times because child needed shots (they listed exact dates and times) and BM never responded and child had to be exempt from school on more than one occassion. I feel like the school is on my side. If I could get CPS to get in there and do their job it would be great. Does anyone have any recommendations? Does my case seem reasonable to get custody? We live in Texas.

[Ref]

She might get some free or low cost legal help, if she elects to go that way. Most of the time I see people going Pro Se (representing themselves) instead though.

You can file to get your court costs and legal fees paid for by her, but it sounds like she would be considered indigent and the judge would probably make you pay her costs if anything.

DH's ex is the same way.  10 years on the system and counting. We have never tried to get attorney's or filing fees from her because we think that the judge will see it as trying to get blood from a stone.

DH will be filing for court costs and attorney's fees when he takes her for contempt. In our state and in the last parenting agreement it says that if a parent is found in contempt, they have to pay all of that.

What it comes down to is, I personally doubt that you would be reimbursed , but it can't hurt to try.

Good Luck
Ref

[Lawmoe]

You state a great many things as fact that could certainly result in a change of custody.  However, you do nothing to indicate how you will prove those facts.  A case always sounds good when being opresented with one side.  Make sure that you have hard and independednt evidence to prove what you say.

This may require serving discovery or scheduling a deposition to acquire evidence to support your case. If  the other party fails to provide that dsicovery, the court may make adverse presumptions against her interest.

A TRO is a "temporary restraining order" which usually is sought when there are allegations of abuse or when there is some emergency that must be resolved by court order.  

[marnbuk]

I do have proof of everything (my attorney wouldnt consider the case without it). He was going to do a deposition at first and decided to file the TRO instead after her other childs father also filed for custody of his child. I am assuming the emergency is that there is no running water at the moment and raw sewage exposed. CPS has substantiated allegations of abuse with the youngest child (the other BF that is seeking custody) but they live in a different county. CPS here is a nightmare and cant seem to get on top of things. They have had a case on her since 2003 they have not closed. I think she is fixing to run and my attorney said that is good for our case but I dont like the idea of having to hunt my daughter down. The boyfriend also has a nice criminal record and is scheduled for court next week where he has already been sentenced to 4 years. That is why I think they are getting ready to run (among other things she has done recently) and when she gets served with two custody suits at once that will give her more reason to take off. I am praying the boyfriend will convince her to give up custody of the kids so they can flee without having a manhunt on them, they are definately strung out on something and you just cant predict people on drugs. I wrote a letter to the judge on the boyfriends case pleading that they give him the maximum sentence possible (before I retained an attorney) and now that same judge will be presiding over my case. Do you think that will harm my case? It was a desperate attempt to at least get one junkie out of my daughters life. I am new to this and have never been to court (not even on a traffic ticket).