Please help in Denton County

[snowrose]

You conveniently skip over the important facts and your only advice is to see if your Texas court house offers males free advice and assistance because where you live females get it.

My DH used the same duty-counsel before we'd even met, when he was going for his divorce and custody.

Davy, we get it that you hate "the system".  Believe me, since my DH went for (and through incredible foolishness by BM got) custody of my SD we're not fond of it either.  But let's not throw the baby out with the bath water by telling folks not to look and see if free help is available just because other portions of the system doesn't make it easy for fathers.

[Davy]

As it happens I will be in Denton county court tomorrow.  I'll let you know what they say.

[snowrose]

As it happens I will be in Denton county court tomorrow.  I'll let you know what they say.

Yes, but that will only tell us about Denton county - and possibly about TX itself.  It still doesn't tell us about anywhere else.  Even if TX doesn't have duty counsel or some other form of advisor/support that doesn't mean the other 49 states don't.

My point is that your experience doesn't negate other people's experiences.  Just because you haven't found help doesn't mean others haven't.  That's why we need to discuss everyone's experiences, to give folks enough information that they can know there may be help out there - but you have to look to make sure.

[Davy]

No ... you won't accept intelligent communication so I want you to get it from the horses mouth.  It is what we call 'embarassin' just to ask such a moron question but I'll handle it (duh).  I doubt if they can stop laughing long enough to get an answer. 

The OP is in Denton and Texas and you and your DH's experience in la-la land is not pertinant to helping the OP.  You are not helping with the really important issues in this matter so you want to change the issue to receiving non-existent free services.  geesh !!

[luieluie]

Hye guys, hate to see y'all arguing.  I appreciate any and all input.

At this hearing for child support, the papers ask the court to assign "conservatorship".  Can someone explain (in simple terms) the difference between the court assigning this and the court assigning custody??  Aren't they the same??  If I want sole (or shared) custody is this the time for me to fight tooth and nail??  OR is this just a formality in order to deal with child support??

If we have lived together since he was born (which I can prove with a lease agreement and utility bills) and she just moved out on the the 21st of July, what are the important issues to tell the court?  Because we weren't married (and she didn't have too much faith in our staying together) SHE made sure the child was receiving Medicaid.......however I was completely supporting all 3 of them myself.  How does that factor into all of it?

Am I going to be okay going Pro Se??  I have the hearing for child support coming up and I don't have an attorney....I filed a response (a General Denial) myself.  I am not familiar with civil procedure, but was going to walk in there as best prepared as I can be.  Am I being a fool to try this without an attorney??  I can't currently afford the fees that I've been quoted and the hearing dates are set.

[snowrose]

Conservatorship is another word for guardianship.  Look at the papers and see if they're setting things up to make the child a ward of the state or if they're going to assign a parent as the guardian.  (When my mother died, I became first a ward of the state and later my grandmother became my guardian.)

What do the papers say about the conservatorship?

[Davy]

Luieluie.... Please review my posts.  "Conservatorship" is another word for custody.  A

Managing Conservator (MC) is named first and the Possessory Convervator (PC) is then

ordered to pay child support (CS) to the MC.  The MC is not held accountable for the CS

received.  The PC is held accountable for the CS paid and non-payment for whatever reason

will result in loss of driving privileges and/or county jail.  The PC MAY receive "visitation" but

the access to the children MAY also be restricted or supervised especially in light of the false

accusations (even unfounded).   

In your case, it appears that Texas CPS is providing guidance and support to file against you in court and it may even be a desiginated CPS court.  Typically, CPS is full on anti-family, anti-male feminest that could care less about children.  It appears you are in neeed of legal help.  Check for info. on this site in the articles section particularly about interviewing attorneys.  I think Fathers for Equal Rights meets thurs nights in downtown Dallas.  Normally there are attorneys offering free advice and they'll probably guide you on Denton County and recommend attorneys.   

In case you're wandering ... I was MC.

[snowrose]

Texas has now adopted presumptive Joint Managing Conservatorship. The court is required to appoint both parents as Joint Managing Conservators unless it finds that the appointment would significantly impair the child's physical health or emotional development.

http://library.findlaw.com/2000/Jul/1/131093.html (http://library.findlaw.com/2000/Jul/1/131093.html)

[luieluie]

This is the order of events.....
....SO is served with AOP regarding child support and conservatorship
....I tell SO that I want atleast joint conservatorship, don't really care too much about the support
....within HOURS she leaves under false pretenses
....the next morning she goes to ER with false allegations
....CPS has case for 1 day and 1/2 (working days) and notifies me that the case is CLOSED

I would think that the timeline makes it very clear that CPS is not involved in the AOP at all.  I have the written report from CPS and they make no mention of DA, police or any other govt agency.  The CPS worker told me (more than once) that she had NO problem with the child seeing me, but that it was up to the mother (because she had possession of the child)

I have filed my answer to the AOP asking for joint managing conservatorship and primary possession.  I also asked for a TRO, psychological evaluation, drug test, social study and an immediate visitation order.

This is what the papers say.....
"Parentage of the child subject of this suit was established when a properly executed Acknowledgement of Paternity was filed with the Vital Statistics Unit persuant to Texas Family Code, Chapter 160.  Because the parents of the child are separated, the court should appoint appropriate conservators persuant to Texas Family Code 153.005."

Also, in the WITHOULDING FROM EARNINGS FOR SUPPORT section it says, ........
"If appropriate, the Court should order (me) to post a bond or security.".....what does that mean??

[Davy]

EXCELLENT.  You sound comfortable and confident.  Good for you and Amen !!