visitation

[ohu812]

I am the CP in Texas. The BM has now taken a job working weekend nights. Her visitation is every other weekend Fri at 6p to Sun at 6p. She isnt really going to see her child because of work and sleep time. I have custody of BD because BM has a drug problem and had her children removed for abuse/neglect. Due to her history I know what is comming with child care (every dope head in town). Can I seek modification based on her new work schedule?

[mistoffolees]

>I am the CP in Texas. The BM has now taken a job working
>weekend nights. Her visitation is every other weekend Fri at
>6p to Sun at 6p. She isnt really going to see her child
>because of work and sleep time. I have custody of BD because
>BM has a drug problem and had her children removed for
>abuse/neglect. Due to her history I know what is comming with
>child care (every dope head in town). Can I seek modification
>based on her new work schedule?

You can seek anything. Personally, I doubt if you'll get it merely on the basis of her work schedule, but check with a local attorney.

I'd be careful about accusing her child care people of being dope heads. Since that would clearly interfere with their ability to get work, you could be liable for slander. If, OTOH, you have ADMISSIBLE evidence that she's leaving the child with drug users, then that would probably be grounds for supervised visitation on a more limited schedule.

[ohu812]

They arent licensed child care people. They are the dope heads she does her drugs with. Everyone she hangs out with or leaves her children with have criminal history of drugs/alcohol and CPS history.

[MixedBag]

Contact her and ask "Since you are working and our child isn't spending time with you as a result, what would be better for our child and you?"

Give her a month to respond.

Then if you still feel strongly about it -- and can PROVE the drug stuff, file.

Key is proving that there is a need for the change.

But see if you two can work it out for the sake of the child first.

[mistoffolees]

IF you can prove those allegations and she leaves the child(ren) with them after your request that she not do so AND if you can prove that she continued to leave the kids with them, then I'd discuss with your attorney or CPS what it would take to get her ordered to have only supervised visitation.

[John-J-Jay]

what part of Texas do you reside and what county? I know some good attys in Texas.

[ohu812]

I live in Randall county. I filed for supervised visits in April and due to Texas laws and having to change the case she got 6 months to get herself clean. My attorney said he didnt think I would get what I wanted at that point because she straightened up by the time we got to court date. I asked her to leave our BD with me instead while she was working but she said no. This is what she has done four 5 years. She doesnt want to take care of her children but she insists on getting every visit. Her family enables her and makes sure she gets her children (she has 3 with 3 men) regardless of the condition she is in. I have had numerous positive drug tests on her and CPS cases but it doesnt matter because all the modifications are temporary and she makes sure to complete everything and get back on standard visits and then right back to her old tricks. She lives in a 1 bedroom and she just moved a new guy in. Any ideas on how to find out a full name on this character. In the past I looked some of them up and one was a registered sex offender.

[John-J-Jay]

from what i understand I believe that if she has the kids around a registered offender he is in violation being around kids and she is in vioation of the texas statute having placed the kids in that envirorment. I would just do some snooping around maybe hire a PI to follow the NEW guy and to run a back ground check on him

[MixedBag]

hmmmm not sure if that's true.

I know of a house with a sex offender and at least a half a dozen kids live there.

Could it be state specific as to what the law says?

[Davy]

I don't know about other states and I'm not 100% about John J's post but it sounds correct.  

I think Tx legislated it was illegal to post yard signs, etc. indicating "a convicted sexual predator lives here".