Please help in Denton County

[luieluie]

The hearing for the TRO and the othe Temp Orders is set for 3:30pm on the 20th, so I'll let ya'll know what happened.
I also subpoened (sp?) the CPS case worker.  Does anyone know if that means that I will be able to ask her questions or if it just means the judge will??  I plan on asking her questions that I have ALREADY asked her so that the answers can be heard by the judge.

In one of my motions I refered to the mother as the "Petitioner".....is this incorrect??  If you remember this case was originally started by the Office of the Attorney General, doesn't that make them the Petitioner??  If so, will the judge throw out the motion or will he cut me some slack as an Alienated Father just trying to do the Pro Se thingie to see his child??

[mafitz]

Thank you for your kind response.  I was beginning to think that noone would.

I am on the baby's birth certificate and we're in Denton County of Texas.  I assume that being on the cert gives me responsibilities and privileges of fatherhood.

After not seeing them for 10 days she shows up at 3:30 in my work's parking lot.  When I went out side, the youngest was sleeping.  I was able to hug, hold and talk to each child but she was in the background making stoopid comments repeatedly.  First of all, our youngest (probably like everyone) doesn't like to wake up all of a sudden.  He's my little sunshine, but he hasn't seen me in a week and a half.....well each time he reached for his mom or something, she would say, "see, he doesn't want you to hurt him".....remember the false claims of abuse??

You have a double whammy because you are dealing with a bi polar parent.  Start documenting every visitation interaction, phone call, EVERYTHING.  If you can get someone to be present (a neutral party who is nonthreatening) when you do the pick ups and drop offs.  And get a temp order for visitation in place as soon as you can.  If you can represent pro se then do it yourself.  Request reasonable visitation and phone contact that does not interfere with daily activities.  Like 6 pm at night each night.  They will challenge it but you can use the actions and accusations of your ex to request the court appoint a psychologist because the welfare of the kids is at stake.  It never hurts to ask.

Geez I am not clarifying worth a damn tonight.  Ask for phone contact at 6 pm every night.  Ask for reasonable visitation.  If your son is under school age ask for every other week with you and meet in the middle.  Ask for the day after Christmas EVERY year for one week.  Father's day.  His birthday every other year. 

You don't want to go in asking for everything, you want to stay fair and reasonable.  She will hang herself.

[mafitz]

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??

Okay the bond or security is the posting of a cash amount set by the judge to insure you pay child support.

Can you file pro se?  And have you called legal aid?  Child support will be ordered regardless of who has custody, but you want to file to challenge her status as having sole custody.  You also VERY MUCH want to get a psychologist involved to oversee what she is saying and doing to the kids and to oversee your interactions with the kids.  Can you request a guardian ad litem be appointed for the kids right now?  Or do they not do that in Denton County?

[luieluie]

I spoke with Legal Aid and Equal Right's for Fathers.  I ended up filing Pro Se.

Yes, I asked the Court to appoint a Guardian Ad Litem.

I have a journal of all of our interactions since she left.  I have been calling every morning at 10 am to ask if I can see him that day......a few times she would tell me "maybe" and that she would have to see how things worked out.  Ultimately, she would call that evening and say that it wasn't going to happen.......the first 2 times that I saw him (I've only seen him 3 since she left), she came up to my WORK during the day.  She would call and say "we're out here if you want to come out and see them".......Isn't this just a bunch of psychological abuse?

I can't believe that I'm actually having to go through all of this.  Things were not supposed to be like this way and I would have never thought that I would have to fight to see my son.

[mafitz]

I spoke with Legal Aid and Equal Right's for Fathers.  I ended up filing Pro Se.

Yes, I asked the Court to appoint a Guardian Ad Litem.

I have a journal of all of our interactions since she left.  I have been calling every morning at 10 am to ask if I can see him that day......a few times she would tell me "maybe" and that she would have to see how things worked out.  Ultimately, she would call that evening and say that it wasn't going to happen.......the first 2 times that I saw him (I've only seen him 3 since she left), she came up to my WORK during the day.  She would call and say "we're out here if you want to come out and see them".......Isn't this just a bunch of psychological abuse?

I can't believe that I'm actually having to go through all of this.  Things were not supposed to be like this way and I would have never thought that I would have to fight to see my son.

She is playing the control card.  I don't want to feed you any of the horror stories, because what you are going through is very difficult and it will get worse before it gets better.  But, it does get better.  You are doing everything you can, and just stay on track.  Its all you can do. 

She will always be who she is, and you can't change her.  The only thing you can do is fight with what resources you have available to you.  The huge upside is she sounds like she is cocky, and having a blast playing her games.  She will ultimately be the catalyst to sway the judge in your favor.

A child psychologist would be a great asset for you to have.  See if you can't get one using the sexual abuse allegations as a reason.  What you want to do is get the psychologist to evaluate you, your ex, and to start meeting with your son once a week. 

I will wager that your ex will find ways to avoid having your son in to see the psychologist but that will all come out when the psychologist testifies and go in your favor.  Judges like to have psychologists that do work already for the county, because they are more familiar with them.  So find one that works with foster kids and/or has been appointed by the courts before.

I tried to get help for my hubby through Fathers United and outside of a support group, they really weren't much help to him.  I don't have a high opinion of family law lawyers because they are not well regulated and so its very hard to find one that effectively advocates for you.   Pro Se is a terrifying and stressful ordeal, but the upside is that you are advocating for yourself. 

[Davy]

From what I understand .... this is really scary. 

The Attorney General (and county offices) apparently is the petitioner in this CIVIL matter and this/these offices are CRIMINAL PROSECUTORS for the state.  How or why are they inserting themselves in a family matter that is clearly CIVIL ... the custody and support of children.  A custodial parent has not even been determined at htis point AND neither parent has been named to pay child support. 

I hope one parent can't just take a child from their home while the other parent is at work and the state government not only allows it but promotes it then petitions in court for the clearly lying abusive parent against the good parent.

Really scary.  Can someone tell me this is not true.

[luieluie]

The CPS case worker received her subpoena and has already called me.....I guess she wanted to see if we were going to ask for a continuance so that she could testify  (WTF??!!  the whole idea of a "temporary order hearing" is to get some type of quick order on the books from the Court while the case is pending.)
.....according to her, the Court probably won't do anything BUT issue a continuance.....she says that she is speaking from experience and the fact that the case was set for 330 pm on a Thursday.  I told her that I was sorry if it inconvenienced her, but I needed her there because of the FALSE ACCUSATIONS that have been made.....I simply cannot go into court without her.

Can someone give me an idea of what to expect during my upcoming hearing on temporary orders?? 

Is she correct that the Court will probably just issue a continuance without taking action on any of the Temporary Orders I requested?

[luieluie]

Due to a scheduling conflict (Jury trial in progress) my hearing was reset.

Can someone please explain what type of form I am to use to notify the Petitioner and my witness (under subpoena) of the new hearing date?  Like, what the name of the form is so I can find it online.

Thanks.

[Davy]

Just use the the format of motions and other notices (IE court #, location, etc along with Petitioner and Respondent). Put "NOTICE of Revised Hearing Date" centered above a pararaph with the verbage for date, time and place.   

[mafitz]

Geez this is almost as bad as it was in MD.  They actually schedule the cases for divorce/child custody around the criminal hearings.  So you can go in for your divorce hearing and have a murder trial take place with the same judge right after you and if its before you forget having your case heard that day.