custody and power of attorney

[jdmapa]

 I'm in Texas.  My girlfriend of almost 4 yrs and childrens mother (son 4, daughter 3) moved out with no warning last January and removed all property from the home, including of course valuable items that I had had before we ever met.  police of course (her cousin was a detective for the local police) would do nothing.  She brought the kids back around for a few weeks, and then all of a sudden made false allegations like a month later and filed for a protective order refusing to let me see the kids, at that time she claimed the boy was not mine.  I had already retained an atty and a custody suit was filed on my behalf.  Needless to say as she sould not substatiate any of her allegations, and they were made a month after the alledged incident(s).  Unfortunately I chose the wrong atty.  and protective order was issued because he refused to enter all evidence that I had presented. After it was issued however, police concluded ther investigation along with CPS as unfounded and ruled out.  A month later I was awarded joint custody with visitation of both children and her ordered to pay for dna testing.  I then went back to court regarding the protective order prose and it was dismissed based on false allegations.  She refused to pay for DNA or to even show up to be tested.  so needless to say I did it myself and infortunatel it did turn out that I wasnt biologically related to my son (hes still my son though and I'll always be daddy to him-regardless of what dna testing might say)   I agreed upon my attorney stating to me that it was the best I would ever get and still get some rights to my son to equal visitation on my daughter and weekends with my son (that was the deal I put on the table) and she excepted that of course I didnt ask for any child support, not like shes gonna pay it anyways.  so 2 weeks later she signs and has notarized a power of attorney allowing me to act as guardian on both children, anytime shes not available.   Also, not complaining on this one because I love the current arrangement, she had the kids 6 days in jan, 3 1/2 days in feb, and so far 11 hours this month.  What can I do now, what are my options.  The DA refuses to do anything about the false allegations, which is a state jail felony in texas or about the protective order falsification  which is a 3rd degree felony.  CPS caseworker in the meantime went to school with my childrens mother.  I have talked to her supervisor and he insists its not a conflict of interest, and she continuously wants to investigate me, for the multiple frivolous claims she claims to have received.  there always dismissed because I'm not doing anything wrong, but its still annoying.  Thanks in advance to anyone that can point me in the right direction

[jdmapa]

 I'm in Texas.  My girlfriend of almost 4 yrs and childrens mother (son 4, daughter 3) moved out with no warning last January and removed all property from the home, including of course valuable items that I had had before we ever met.  police of course (her cousin was a detective for the local police) would do nothing.  She brought the kids back around for a few weeks, and then all of a sudden made false allegations like a month later and filed for a protective order refusing to let me see the kids, at that time she claimed the boy was not mine.  I had already retained an atty and a custody suit was filed on my behalf.  Needless to say as she sould not substatiate any of her allegations, and they were made a month after the alledged incident(s).  Unfortunately I chose the wrong atty.  and protective order was issued because he refused to enter all evidence that I had presented. After it was issued however, police concluded ther investigation along with CPS as unfounded and ruled out.  A month later I was awarded joint custody with visitation of both children and her ordered to pay for dna testing.  I then went back to court regarding the protective order prose and it was dismissed based on false allegations.  She refused to pay for DNA or to even show up to be tested.  so needless to say I did it myself and infortunatel it did turn out that I wasnt biologically related to my son (hes still my son though and I'll always be daddy to him-regardless of what dna testing might say)   I agreed upon my attorney stating to me that it was the best I would ever get and still get some rights to my son to equal visitation on my daughter and weekends with my son (that was the deal I put on the table) and she excepted that of course I didnt ask for any child support, not like shes gonna pay it anyways.  so 2 weeks later she signs and has notarized a power of attorney allowing me to act as guardian on both children, anytime shes not available.   Also, not complaining on this one because I love the current arrangement, she had the kids 6 days in jan, 3 1/2 days in feb, and so far 11 hours this month.  What can I do now, what are my options.  The DA refuses to do anything about the false allegations, which is a state jail felony in texas or about the protective order falsification  which is a 3rd degree felony.  CPS caseworker in the meantime went to school with my childrens mother.  I have talked to her supervisor and he insists its not a conflict of interest, and she continuously wants to investigate me, for the multiple frivolous claims she claims to have received.  there always dismissed because I'm not doing anything wrong, but its still annoying.  Thanks in advance to anyone that can point me in the right direction

[williaer]

I didn't follow this totally- do you have joint physical and legal custody of your daughter and visitation with your son?

Why would she be paying you child support if that's the case? Does she make a significant amount more than you?

Do you now have BOTH children all the time and she has visitation?

Some of the details confused me

What types of allegations is she making? What are they saying when they come to investigate you?

You sort of left out a big blosck there between what the schedule is now and the false allegations part.

[notnew]

At first, I was not going to respond to your post because it is too confusing. However, after looking at it up here for several days, I have changed my mind.

First: Forget the DA issue. It ain't going to happen.

Second: Based on your statement - you have had the kids a majority of the time despite that you both have joint custody and it seems like your ex GF was awarded physical placement. If this is the case, then you need to file for a change in custody for you to be awarded physical placement since the kids have been residing with you.

Third: Your ex GF cannot get any document signed and notarized and it mean anything legally. The binding order in this case is the Order of the Court and nothing else.

Fourth: Get a new lawyer. Either the lawyer you have is not as good in family law as you need or you have been a difficult client and the relationship is damaged. I'd interview several lawyers in advance if I were you. If you feel confident with the lawyer you have, you are certainly welcome to continue to use him/her. However, you need to get a grasp on how the legal system works. Perhaps the lawyer did not present the evidence you thought should be presented because it wasn't proper or credible or admissable. Who knows. You have not provided enough information. I do know that the worst thing you can do is to piss off your lawyer when they are trying to do good for you. You need to make an educated decision based on your lawyers actions if they are representing you adequately or not. Based on the fact that you've gotten the false charges dismissed (with this lawyer I suppose), then that is a plus because that usually doesn't happen.

Fifth: If you want to continue to be a parent to the child you have discovered is not really yours, then there is a process you can initiate and I cannot remember the name. It is basically a parent-in-fact (de novo?). Ask your lawyer about this. Do you know who the real father is? Is that person paying CS and getting visitation? If not, and you want to be that kids parent, your time with him should be equal to the daughter's or that kid will have emotional issues later on.

Sixth: Fighting CPS is a dead deal. You are crazy to buck them. All allegations brought by your ex GF have been unfounded. What makes you think they are against you? They have a duty to investigate when allegations are made.  YOU need to talk to your lawyer about bringing the issue of the harassing allegations and repeated false allegations being brought up in court and have her ordered to stop.

There are ways to do these things. Learn them and follow them. You will not be able to change the system. You will lose if you continue to fight against everything that is working for you. A lot of stuff isn't right in the current system, you have to learn to make the best out of what you've got.

Stop bitching and start researching laws in your state. Learn the process so you understand what is happening instead of being caught off guard and reacting poorly.

Believe me, things are not nearly as bad for you as you seem to think they are. You have joint custody. You are seeing your kids regularly. You are in the process of screwing that up if you don't be careful.

If you have specific questions, ask them.

Please don't garble all of the information together so we have to sort out what you meant and what you are looking for from us.