What is the name of your state? -- Texas
WARNING: This might confuse, shock, disgust you, or some combination of all three. We don't hardly understand it either, even though it is happening to us.
Hi. My name is Katherine, Kaitlyn or Kate for short. I have a 2 year old son named Michael, and am a single mother. I came to Texas when I was 4.5 months pregnant, with someone I had met online. (Please do not criticize my actions at the time; I was very naive.) When that someone kicked me out, another someone I had met online, named R for now, took me in.
He lived with a roommate, named M. When M moved out, R started to do little things that made sense at the time, such as give me a bedtime, and control what I ate. These things seemed to be in the best interest for my child. But as time progressed, those little things turned into big things, like spanking me for lying, cutting the child's father, my mother, and other influential people in my, life out of my life. He dictated what I was to wear, and made me call him Sir at all times. He controlled who I was friends with, if and where and when I went to school, or even to the community pool. He controlled when I orgasmed, and who I could have sexual intercourse with. When I did not comply, punishments ranged from the removal of "privileges" , such as my library card, to the physical holding of difficult positions and yes, again, spankings, even while pregnant.
After the baby was born early, R and I agreed that breastfeeding was the best option, if feasible, for my son. However, my milk dried up rather quickly, and when R found out I had been lying about pumping regularly (which was rather painful), he spanked me viciously. I began to confide in the apartment complex manager, named J. J would listen, but offer no advice, saying instead that it was up to me what to do.
Eventually I had enough, and decided to try to escape. I called a friend named D from Florida, and he arranged for bus tickets. R was taking a nap, and I called a cab and made my escape. Not too long after I reached the bus station, however, R figured out where I was, and came to pick up my son. He took Michael from my carseat and put him into the van, saying I could come or I could go, but that I was not going to take "his son" away from him. Of course I had to go. He was stronger than I, and he had such a hold on my mind that it had taken all my emotional and mental strength just to make the decision to run...
After the failed escape attempt, R had his friend C come over and stay with me during the day, ostensibly to monitor me for seizures, since I had just been diagnosed with epilepsy. C lives most of her life in a power wheelchair, and would use that to block the door until R called to say he was on his way home. All of this I told to J, until she finally asked me if I wanted out. Of course I said yes, but I told her I had no place to go, and no one I could trust, because all my friends were loyal to R first. She offered to take me in, but I had to leave the next day, or else it wouldn't be able to happen. I began packing the night before, and finished the next day. R was home all day the day I was to leave, and had spent most of the day convincing me to leave my son with him for safekeeping. I was half convinced, still being under his control, and had written up a termination of parental rights letter, not signed or notarized, as he dictated it to me. Finally I grabbed some internal strength, and said no, I was NOT going to leave my son with him, and phoned the police.
While the police were on their way, I had Michael in my arms. R came up to me and took Michael's arm, and began to pull. Eventually it got to the point where I either let go, or he would break Michael's arm. I of course let go, but that unfortunately gave him the advantage when the police arrived. I begged with the IPD to take my son from him and give him to me, but they claimed that the baby "obviously lived there" and said that because I refused to give a forwarding location, and could not produce a birth certificate, that they would not take the baby from R. They furthermore required that if I wanted their help to leave, I had to go now, with or without my son. Feeling pressured and scared, I left with the officers.
In the following few days, R instant messaged me while I was at J's house, demanding that I finish typing that termination paperwork he had dictated to me before, and even going so far as to continue telling me what to say. He told me that I would never see my son again if I didn't do this, not even for visitation. I very hesitatingly did as he asked, going back several times to make him promise that he would not demand anything else from me in exchange for visitation.
J's husband eventually kicked me out, because of my inherent inability to get a job, which was in turn because of my seizures. I floated from household to household, trying to get my feet under me, visiting Michael as often as I was allowed to... The number of times per month that I was allowed to visit was decreasing rapidly, however, and when I met my newest boyfriend DF, I explained to him what had been going on, and he encouraged me to call CPS (for the conditions in the home as we saw them for the sporadic visitation) and other agencies to try to get my son back. We obtained a birth certificate, which showed no legal father, and contacted the IPD, CPS, DCSD, and other agencies in several desperate attempts to get Michael back. All of this occured before the 6 month limit for abandonment was up, and all of it was in vain. R additionally cut off all my visitation until further notice.
Three days after said 6 month limit for abandonment expired, I was finally allowed to visit my son again, and I made a run for it. With the aide of DF and another friend, I made it back to my and Df's apartment safely, with the PPD fast on my heels. The PPD officers examined the birth certificate, and verified that there was no court order keeping me from my son, and allowed me to keep Michael, stating that a parent cannot kidnap their own child if there is no court order stating that that parent has no right to the child. (There had been no court order all along, just that first unsigned then notarized document terminating my rights. That document held just 2 of the 12 pieces of information it was supposed to hold, however, making it illegal and not binding.)
Four days after I rescued my son from R's very neglectful and dangerous environment, DF's mother was served with papers saying I was being sued. I was not home when she was served, and she was not supposed to be served -- I was. I did not go to the court hearing, but rather filed an affidavit of improper service. The ruling Judge issued a writ of attachment for my son. (PPD refused to enforce it on the basis that it was not their job.) I typed my own motion to quash, then hired an attorney named Mr. H, who filed it for me. Mr. H helped me to get that writ overturned, and got me temporary primary managing conservatorship of my son. The baby's father, S, was added to the birth certificate, and set up as a part to the case on my side.
The temporary orders in this case were set my the judge in January of 2006, but was not signed by all parties involved until June, I believe. The temp orders contain standard visitation orders, as well as a TRO enjoining both R and I from disturbing the peace of the child or the other party, phoning at odd hours of the day or night, or with a withheld number, etc... R continuously violated these orders, picking arguments and screaming and banging on my front door, until one night the violent behavior from him escalated into domestic assault. He dislocated my thumb by smashing the door back into my hand as I tried to close it. He was arrested and is currently being charged, but is out on bail.
Rule 11 ammendment orders were put into effect soon after, dictating that Roger is not to show up at my house, and that all visitation transfers will occur at a transfer facility. His communications are to be via email, cc'd to the amicus attorney. Mr H was elected to be a judge, so I am now without representation.
And so, my questions are these:
WARNING: This might confuse, shock, disgust you, or some combination of all three. We don't hardly understand it either, even though it is happening to us.
Hi. My name is Katherine, Kaitlyn or Kate for short. I have a 2 year old son named Michael, and am a single mother. I came to Texas when I was 4.5 months pregnant, with someone I had met online. (Please do not criticize my actions at the time; I was very naive.) When that someone kicked me out, another someone I had met online, named R for now, took me in.
He lived with a roommate, named M. When M moved out, R started to do little things that made sense at the time, such as give me a bedtime, and control what I ate. These things seemed to be in the best interest for my child. But as time progressed, those little things turned into big things, like spanking me for lying, cutting the child's father, my mother, and other influential people in my, life out of my life. He dictated what I was to wear, and made me call him Sir at all times. He controlled who I was friends with, if and where and when I went to school, or even to the community pool. He controlled when I orgasmed, and who I could have sexual intercourse with. When I did not comply, punishments ranged from the removal of "privileges" , such as my library card, to the physical holding of difficult positions and yes, again, spankings, even while pregnant.
After the baby was born early, R and I agreed that breastfeeding was the best option, if feasible, for my son. However, my milk dried up rather quickly, and when R found out I had been lying about pumping regularly (which was rather painful), he spanked me viciously. I began to confide in the apartment complex manager, named J. J would listen, but offer no advice, saying instead that it was up to me what to do.
Eventually I had enough, and decided to try to escape. I called a friend named D from Florida, and he arranged for bus tickets. R was taking a nap, and I called a cab and made my escape. Not too long after I reached the bus station, however, R figured out where I was, and came to pick up my son. He took Michael from my carseat and put him into the van, saying I could come or I could go, but that I was not going to take "his son" away from him. Of course I had to go. He was stronger than I, and he had such a hold on my mind that it had taken all my emotional and mental strength just to make the decision to run...
After the failed escape attempt, R had his friend C come over and stay with me during the day, ostensibly to monitor me for seizures, since I had just been diagnosed with epilepsy. C lives most of her life in a power wheelchair, and would use that to block the door until R called to say he was on his way home. All of this I told to J, until she finally asked me if I wanted out. Of course I said yes, but I told her I had no place to go, and no one I could trust, because all my friends were loyal to R first. She offered to take me in, but I had to leave the next day, or else it wouldn't be able to happen. I began packing the night before, and finished the next day. R was home all day the day I was to leave, and had spent most of the day convincing me to leave my son with him for safekeeping. I was half convinced, still being under his control, and had written up a termination of parental rights letter, not signed or notarized, as he dictated it to me. Finally I grabbed some internal strength, and said no, I was NOT going to leave my son with him, and phoned the police.
While the police were on their way, I had Michael in my arms. R came up to me and took Michael's arm, and began to pull. Eventually it got to the point where I either let go, or he would break Michael's arm. I of course let go, but that unfortunately gave him the advantage when the police arrived. I begged with the IPD to take my son from him and give him to me, but they claimed that the baby "obviously lived there" and said that because I refused to give a forwarding location, and could not produce a birth certificate, that they would not take the baby from R. They furthermore required that if I wanted their help to leave, I had to go now, with or without my son. Feeling pressured and scared, I left with the officers.
In the following few days, R instant messaged me while I was at J's house, demanding that I finish typing that termination paperwork he had dictated to me before, and even going so far as to continue telling me what to say. He told me that I would never see my son again if I didn't do this, not even for visitation. I very hesitatingly did as he asked, going back several times to make him promise that he would not demand anything else from me in exchange for visitation.
J's husband eventually kicked me out, because of my inherent inability to get a job, which was in turn because of my seizures. I floated from household to household, trying to get my feet under me, visiting Michael as often as I was allowed to... The number of times per month that I was allowed to visit was decreasing rapidly, however, and when I met my newest boyfriend DF, I explained to him what had been going on, and he encouraged me to call CPS (for the conditions in the home as we saw them for the sporadic visitation) and other agencies to try to get my son back. We obtained a birth certificate, which showed no legal father, and contacted the IPD, CPS, DCSD, and other agencies in several desperate attempts to get Michael back. All of this occured before the 6 month limit for abandonment was up, and all of it was in vain. R additionally cut off all my visitation until further notice.
Three days after said 6 month limit for abandonment expired, I was finally allowed to visit my son again, and I made a run for it. With the aide of DF and another friend, I made it back to my and Df's apartment safely, with the PPD fast on my heels. The PPD officers examined the birth certificate, and verified that there was no court order keeping me from my son, and allowed me to keep Michael, stating that a parent cannot kidnap their own child if there is no court order stating that that parent has no right to the child. (There had been no court order all along, just that first unsigned then notarized document terminating my rights. That document held just 2 of the 12 pieces of information it was supposed to hold, however, making it illegal and not binding.)
Four days after I rescued my son from R's very neglectful and dangerous environment, DF's mother was served with papers saying I was being sued. I was not home when she was served, and she was not supposed to be served -- I was. I did not go to the court hearing, but rather filed an affidavit of improper service. The ruling Judge issued a writ of attachment for my son. (PPD refused to enforce it on the basis that it was not their job.) I typed my own motion to quash, then hired an attorney named Mr. H, who filed it for me. Mr. H helped me to get that writ overturned, and got me temporary primary managing conservatorship of my son. The baby's father, S, was added to the birth certificate, and set up as a part to the case on my side.
The temporary orders in this case were set my the judge in January of 2006, but was not signed by all parties involved until June, I believe. The temp orders contain standard visitation orders, as well as a TRO enjoining both R and I from disturbing the peace of the child or the other party, phoning at odd hours of the day or night, or with a withheld number, etc... R continuously violated these orders, picking arguments and screaming and banging on my front door, until one night the violent behavior from him escalated into domestic assault. He dislocated my thumb by smashing the door back into my hand as I tried to close it. He was arrested and is currently being charged, but is out on bail.
Rule 11 ammendment orders were put into effect soon after, dictating that Roger is not to show up at my house, and that all visitation transfers will occur at a transfer facility. His communications are to be via email, cc'd to the amicus attorney. Mr H was elected to be a judge, so I am now without representation.
And so, my questions are these:
- Did R have the right to file for termination of my parental rights? He filed as though we were married, and is trying to say that I abandoned my child with no intent to return, for six months.
- Can the IPD be civilly sued for interfering in the possessory right of a parent?
- Is the coercion that R participated in criminally illegal?
- Can C and her husband F be sued civily or otherwise for interfering in the possessory right of a parent?
- Was this a frivolous lawsuit?
- How can I legally press for a psychological test of both myself and R, with the intent to prove that he is a sociopath and an abuser?
