Eric told me to ask for your help

[Zollmangang1]

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.

[socrateaser]

>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.

Nothing can be done in the way of a criminal charge or restraining the husband's speech, unless you can prove that he is attempting to incite an immediate and violent physical response, and even then it's very tough, because the 1st Amendment protects content based freedom of speech, even speech that you don't want to hear, unless it is creating an imminent danger to others (i.e., shouting fire in a crowded theater can be prosecuted because it can cause a stampede and injur or kill others).

You could sue the husband for intentional and negligent infliction of emotional distress, on behalf of the child, but you will have to prove that you sought medical/psychological treatment for the chlid and that the child was actually injured by the husbands explitive comments. This is not easy to do, and if he and the child's mother have no money, then you won't be able to collect, so that's a waste of time.
>
>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.

You can sue for malicious prosecution, and you can ask that the county Attorney prosecute her for false reporting, but that's up to him, and he probably won't do it, because it's expensive and you're not gonna be able to get any of your money back, being that the mother doesn't pay the support bill.

However, you can file for contempt charges against the mother for willful failure to pay support and eventually the court force her to get a job and pay, or go to jail for not paying.

>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."

See above. Same answer for defamation, i.e., if they have no money, then you can't collect any.

>
>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?

He can designate you in his will as a the preferred guardian, but the probate court can overrule that decision and place the child with the mother. Your best protection is to make sure that you have a well-established relationship with the child and that you can prove it, because that's what's necessary to maintain a relationship when the legal parent passes. Other than that, you could try to have the mother's parental rights terminated, however, courts almost never do this, as long as the other parent is attempting to exercise time with the child.

>
>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.

Well, you could apply for law school and then represent yourself, but other than that, I can't really give you a magic bullet.

>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.  

Yes, lawyers are expensive aren't they? Off with their heads! -- Queen of Hearts, Alice in Wonderland.