• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Custodial Father back in Court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?Texas

I have been the sole legal and physical custodian of my child for nine years.
This summer my former spouse kept our child after summer visitation, and our child has missed over 35 days of school. Our child is 12 years old, and apparently wants to testify that the former spouse's is where my child wants to live now. There have been multiple return dates that have passed by, all proposed through emails. There has been no contact with my child in over a month. Email contact has been the only contact from my former spouse, with childs location being kept secret.

We have a hearing scheduled next week, and God willing my former spouse and child will be there.

My attorney is confident that this is going to go well, as are multiple other sources of advice and wisdom.

What do you folks think?

Thank you for your time,
Buddabrother
 


Thanks stealth2, I appreciate the comment.

I know I'm a schmuck looking for a crystal-ball, but this whole ordeal has me jumping at shadows and second guessing the rain.
 

casa

Senior Member
Buddabrother said:
What is the name of your state?Texas

I have been the sole legal and physical custodian of my child for nine years.
This summer my former spouse kept our child after summer visitation, and our child has missed over 35 days of school. Our child is 12 years old, and apparently wants to testify that the former spouse's is where my child wants to live now. There have been multiple return dates that have passed by, all proposed through emails. There has been no contact with my child in over a month. Email contact has been the only contact from my former spouse, with childs location being kept secret.

We have a hearing scheduled next week, and God willing my former spouse and child will be there.

My attorney is confident that this is going to go well, as are multiple other sources of advice and wisdom.

What do you folks think?

Thank you for your time,
Buddabrother
I hope your attorney has filed copies of the emails in court where the X promises to return the child and doesn't.

The fact that you have custody will look good- the X will have to demonstrate a change of circumstance. Also the fact that the child missed school wont' look good for the X.

I think you should try to have some faith in your attorney.
 

LdiJ

Senior Member
casa said:
I hope your attorney has filed copies of the emails in court where the X promises to return the child and doesn't.

The fact that you have custody will look good- the X will have to demonstrate a change of circumstance. Also the fact that the child missed school wont' look good for the X.

I think you should try to have some faith in your attorney.
The parent chose a piss poor way to handle the situation...that alone is often enough to deny a parent custody....no matter what the child wants.

But choosing a piss poor way to handle it...PLUS the child missing 35 days of school, is likely to get the parent slammed in court.

I agree that you should have faith in your attorney. However, Stealth is also right that it not possible to predict a guaranteed outcome.
 
Last edited:

casa

Senior Member
LdiJ said:
Dad chose a piss poor way to handle the situation...that alone is often enough to deny a parent custody....no matter what the child wants.

But choosing a piss poor way to handle it...PLUS the child missing 35 days of school, is likely to get dad slammed in court.

I agree that you should have faith in your attorney. However, Stealth is also right that it not possible to predict a guaranteed outcome.
I 'think' OP is the father. (guessing due to the "schmuck" comment and username) :eek:
 
JdiJ-

I'm the Dad with sole custody... the Mom didn't return our child from visitation.
Faith in God, working on Faith in the legal system.
Thanks folks, this has been a rough couple of months.
 

casa

Senior Member
Buddabrother said:
JdiJ-

I'm the Dad with sole custody... the Mom didn't return our child from visitation.
Faith in God, working on Faith in the legal system.
Thanks folks, this has been a rough couple of months.
Hang in there...people often mistakenly assume that mother's always get what they want in court. That's not always true. In your case, you are the custodial parent and she is breaking the law and should have contempt charges filed against her. She is not above the law- and courts don't take kindly to people acting like they are.
 
Update-(State still Texas)

My child was returned home saturday before last(Sept 17)...a four day visit before the scheduled court date, where she would have to have been given back to the BMNCP before court...well hurricane Rita came to call and court was cancelled until further notice. My child has been going to her school, getting homework, has already seen two Dr's regarding health issues, and has re-adjusted to her home much quicker than I anticipated.

And now the story is coming out that she was heavily influenced into writting the affadavit stating prefrence where to live, was never told of the repeated daily attempts at contact, and was apparently on the run/hiding between the last time we had telephone contact and being returned home before court...30+ days, and has been instructed as to what to say to the judge when court is rescheduled by the former spouses attorney.

I scheduled telephone contact between my former spouse and child, because despite the nasty denial of contact I suffered, I'm not playing that game, though I openly informed former spouse and child that I would be monitoring the call, in light of recent events (child is 12, btw). 27 seconds into the conversation, former spouse was asking child if she still wanted to live with her instead of the home she has had for nine years. Childs response was non-commital, with a quick change of subject. Former spouse terminated call soon after with a hurried goodbye, and a sugestion to child to contact her (former spouses) attorney.

Recap- I'm remarried (7 years) have another child with wife, have been the custodial parent of child 9 years, steady job, own the home, no criminal charges or anything like that, former military with honorable discharge, no BS when it comes to promoting contact between child and former spouse, and with little warning had 12 year old child legally abducted by former spouse, causing child to miss over a month of school, childs location secret, and now that the child is back home, child has stated quite clearly wants to stay at home, go to school, and get back to (her words) "Real Life".

I know I'm a moron for wanting more re-assurance, but I think from what I have seen over these years, and what many folks with more experience than I have, that my position in the upcoming hearing on temporary orders seems pretty good.

What am I missing from the other side of the fence?
What possible attacks from the former spouse could succesfully go against this? Seriously, no hidden skeletons that I can think of.

I'm thinking the BMNCP is suffering from mental illness, as it's the only thing that sounds likely, but any advice before the STB scheduled hearing is welcome.

Thanks in advance.
 

LdiJ

Senior Member
Buddabrother said:
Update-(State still Texas)

My child was returned home saturday before last(Sept 17)...a four day visit before the scheduled court date, where she would have to have been given back to the BMNCP before court...well hurricane Rita came to call and court was cancelled until further notice. My child has been going to her school, getting homework, has already seen two Dr's regarding health issues, and has re-adjusted to her home much quicker than I anticipated.

And now the story is coming out that she was heavily influenced into writting the affadavit stating prefrence where to live, was never told of the repeated daily attempts at contact, and was apparently on the run/hiding between the last time we had telephone contact and being returned home before court...30+ days, and has been instructed as to what to say to the judge when court is rescheduled by the former spouses attorney.

I scheduled telephone contact between my former spouse and child, because despite the nasty denial of contact I suffered, I'm not playing that game, though I openly informed former spouse and child that I would be monitoring the call, in light of recent events (child is 12, btw). 27 seconds into the conversation, former spouse was asking child if she still wanted to live with her instead of the home she has had for nine years. Childs response was non-commital, with a quick change of subject. Former spouse terminated call soon after with a hurried goodbye, and a sugestion to child to contact her (former spouses) attorney.

Recap- I'm remarried (7 years) have another child with wife, have been the custodial parent of child 9 years, steady job, own the home, no criminal charges or anything like that, former military with honorable discharge, no BS when it comes to promoting contact between child and former spouse, and with little warning had 12 year old child legally abducted by former spouse, causing child to miss over a month of school, childs location secret, and now that the child is back home, child has stated quite clearly wants to stay at home, go to school, and get back to (her words) "Real Life".

I know I'm a moron for wanting more re-assurance, but I think from what I have seen over these years, and what many folks with more experience than I have, that my position in the upcoming hearing on temporary orders seems pretty good.

What am I missing from the other side of the fence?
What possible attacks from the former spouse could succesfully go against this? Seriously, no hidden skeletons that I can think of.

I'm thinking the BMNCP is suffering from mental illness, as it's the only thing that sounds likely, but any advice before the STB scheduled hearing is welcome.

Thanks in advance.
All I can really say is good luck. You certainly are in the best position that you can be in at this point. Make sure that you hammer on the fact that they were on the run and that the child missed 35 days of school.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top