Need Help!! Please!!!!!

[jrhill]

What is the name of your state? Texas


I've asked once for help in here and didn't get far here, so I'm hoping this time, I may get a little more helpful advice.
As you see by the title, I need help. I'm trying to find a lawyer, pro bono preferred, as I have NOOOO money, to help me either get custody of my 3 year old son, or at least court ordered visitation. We have been down a long hard road in the last two years. My two older sons have made out cries about my ex and state that he did sexual things to them. They were 5 and 6 years old when they came out with this info. The things they stated made me want to die! I immediately called the CPS, who in turn really didn't do a thing. Claimed that since my oldest son, who made claim of penetration, had no physical marks, they could not do anything to the guy. My other son was afraid to tell them the same things he told me and another two people, and CPS does not want to look into their claims it seems. They also claim that because the kids were apparently 3 and 4 when these things happened, there is NO way to prove it.....

Now going back, I left this guy because my kids, at the age of 3 and 4 were telling me all the time how they didn't like him, he was mean. They would constantly ask "mommy, why is daddy always angry at us??" After being stupid and making excuses for him all the time, I realized, I was starting to see the same things. He was drinking a lot, and we had had many fights that got physical. He had grabbed me and left bruises on my arms a few times, hit the walls cause he was mad and left holes in them. Destroyed things in the house because he was mad. He shoved me down a few times, once when I was pregnant with the baby that is in his custody now. I twisted my ankle and was unable to walk for about 3 weeks.

We fought a lot over him drinking and trying to make me do sexual things with him. I was stupid and thought that he only acted like that cause he had been drinking and never really said anything to anyone. I came to the realization I needed to leave before he got worse. My kids were constantly complaining about him. So I made plans to leave and I was supposed to move in with a friend a few hours away. I had planned on taking the baby with me when I left, as I would leave when he was at work to be safe. Instead he had hacked into my email and read an email where I had made the plans. He called me and accused me of cheating on him and started saying mean things on the phone to me. My sons where all with him at this time, as I had been out with a friend who was in from out of town. I told my friend I needed to leave and go get my kids before he did something to them out of anger. When I got there he kept following me and yelling at me telling me I couldn't leave. I just grabbed stuff and started packing it so I could just get out. He told me if I tried to take my baby he wouldn't let me, and that he would call CPS on me for putting my kids in a bad situation if I left, cause I had no where to go. He swore he would let me come see the baby and take him on weekends when ever i wanted. Stupidly I believed him.

I started staying in a hotel cause I had no where else to go. I started asking if i could see my son, he kept coming up with excuses as to why I couldn't. He would tell me he was too busy to see me and meet me with the baby. I offered to pick him up, he refused. Then he called me telling me he wanted to put the baby in day care and I needed to sign some form for the day care saying he had custody of the baby for security issues for the day care. The form said something about I agreed that the baby lived with him but I could see him whenever I wanted with his approval. Since I signed that, he has told me he does not approve and if I push he will send him to Colorado to live with my exs parents. Its been almost a year since he even replied to an email or phone call now. I have begged to see pics, to come see him. I called on mothers day this year and he told me if I came over he would call the cops on me for trespassing. He claimed he bought a gun and that I better stay away. I fear that since my son is older now, that he may do the same things to him that he did to my older two sons.

I have asked Legal Aide for help, they turned me down. I would love more than anything for my two older sons to see their brother again, who they ask about every day. I want to know he is safe, and I feel that would be in my care, not in the fathers care. Family friends have told me that the baby doesn't like his father. He refuses to go to him for comfort if he is hurt.

I don't like to ask for help, but as a mother who is trying to keep her kids safe, I feel I must exhaust every thing I can til I find someone who will help.What is the name of your state?

[moburkes]

Break your post down into paragraphs with white spaces (use the enter button), and I'd be HAPPY to read it and respond.

[Zephyr]

is he the LEGAL father of this child?

[jrhill]

Legal, what do you mean by legal? He is the father, by blood yes. there is no court orders or anything. We were NOT married, and he IS on the Birth Certificate. he is NOT the LEGAL father of my older two sons, they were from a previous marriage.

[moburkes]

You feel that he sexually molested the other children but had no problem leaving the baby with him.

OMG!

In any case, all you need to do is file for visitation. You don't need a lawyer. There are forms either online or at the courthouse.

[Zephyr]

how long have you allowed your baby to remain living with a person that you claim is a child molester without taking any legal action?

[jrhill]

The kids only come forward with this this PAST January. we called CPS, the COPS...anyone we could!!! NO one will really DO anything. CPS "SAYS" they went out there...but didn't find any REASON to suspect him. All I know to say is...live with the guy for a WEEK! I didn't ever have a CLUE til my youngest suddenly said one day, "george made me put my mouth on his peepee!!" and that was it! He had told his mimi and my b/f this too.

My older son said he knew about this, so we asked if my ex did things to him, he said yes, and went into all these details. I immediatly called CPs, took them almost a WEEK to come over and talk to us. And that was only after I called the cops in my county to ask what I could do. I had no reason to suspect him before.....there were no signs that I knew of. And now I can't even get him to answer me about my baby.

I don't know where to go to file for such things....nor do I have money to PAY filing fees.....

[Zephyr]

so seven month you have allowed your baby to live with someone you suspect of being a child molestor- that's what the court sees- they don't care that you can't support yourself, they don't care that you have more children than you can support, what they do care about is that as soon as learning of the possible abuse you didn't go remove your child or file a motion to effect that change.....get yourself together

have you been to the court house? did you find out that many filing fees can be waived due to indigent status? obviously not......

call your courthouse and ask them if they or a nearby courthouse has a self help or pro se help center

[jbowman]

Does George have custody of your youngest by court order? Or did you just let him take him? If you just let him take him and there is no order, go over and get your kid ASAP. If you were never married then YOU have custody of this child--unless there is a court order.

[CJane]

Originally Posted by jbowman

Does George have custody of your youngest by court order? Or did you just let him take him? If you just let him take him and there is no order, go over and get your kid ASAP. If you were never married then YOU have custody of this child--unless there is a court order.

Except she's apparently left this child in his care for the past 2 years.

Maybe I'm reading her post wrong... but being absent from the child's life for all but one year... it's NOT necessarily in the child's best interests to just go get him...

OP ~ Please clear up the time frames.

[jrhill]

in reply to both the last messages, I haven't NOT done anything. I have FILED with the LEGAL aide here....also tried going through the attorney generals office, also called CPS who obviously does NOTHING, and working my butt off everyday to keep bills paid. I can support my kids just fine, its paying legal fees on top of them that I can't afford.
And as I said before, there is no court orders....just some stupid paper he tricked me into signing...and hes THREATENED me with a GUN if I go over there. Cops WON'T make him let me take my kid.....I have already TRIED this****************************...

[moburkes]

Access and Visitation Hotline and Hotline Website
The Texas Access and Visitation Hotline is the only service of its kind in the nation that provides noncustodial and custodial parents with free phone access to attorneys who provide legal information and assistance related to child custody and visitation issues, as well as paternity and child support information. Hotline attorneys do not represent parents. Rather, they provide explanations of legal orders, provide tools and guidance for resolution of child access issues, and answer parents' questions regarding possession and access orders, custody, paternity and child support. The statewide, toll free number, 1-866-292-4636, is answered in English and Spanish, Monday - Friday from 1 to 5 p.m. The hotline has a corresponding Web site, [url]www.txaccess.org[/url], where parents can download sample materials and tools for assistance with child access issues.



[url]https://www.oag.state.tx.us/cs/ofi/index.shtml#ncp[/url]


Have you tried google?

[jrhill]

time frames....I left this guy in August of 2005, and we made a verbal agreement, BEFORE I knew or was told that he may have done things to my two older sons. I have seen him twice since, last time he LET me see him, Christmas of 2005. I have gone over there, called, emailed....many times. TOO many to count. Have tried to talk to him, yet he tells me he doesn't WANT me around and recently told me he's bought a gun, and if I trespass, he will SHOOT ME.....and still...legal aid and other agencies won't HELP. My two older sons, (remember I had NOOOO reason to suspect him til this point....) claimed in January of 2007 that he did things to them. immediately I called for help. Called lawyers, called Legal Aid...called the AG's office....CPS...none of them seem to care. So yeah...I do feel i NEED a lawyer, cause I want custody of my kid before he does stuff to him too**************......

[moburkes]

How is it that your older sons have seen him since 2005, but you haven't? This is very confusing.

[jrhill]

I've tried that legal line too, its ALWAYS busy when I call, and I'm at work, I wish I had time to sit on the phone on hold with them. Is there a way to file for custody without having a laywer. I'm sure against a man who owns his own company, I would LOSE without one though.....