Do I still get my time with my daughter

[chrisstansberry]

What is the name of your state (only U.S. law)? Texas

On September 12, 2008 I was granted temp orders to have over night weekends and weekends extended by a holiday with my daughter. We were also both order to do a home study and meet for mediation. This was suppose to all happen before 12/08 my ex just paid the money for the social study and her attorney said she was busy untill 1/28/08 so the mediation could not happen till then(were told by the gentlemen doing our social study he would not conduct it with out recieving money from both parties) My ex has since filed for a modification of the temp orders saying my daughter is not safe here b/c of my wifes past history with CPS. (Mind you my wife has custody of all three of her children and they stay with us full time and CPS has never taken the kids from us) She is also bringing up the fact of a case she says has not been closed ( no longer current it was closed in 05/08 have letter) I am getting off subject the motion to modify states for all over night visits to stop till cps case is closed or social study is complete. This was set for a hearing for 12/18/08. My question are:

we are suppose to have my daughter this weekend,because this has not been heard yet do I still show up to pick up my daughter at our designated spot and time? If she does not show do I file a report with the police dept to show contempt of court?

Can she use this old cps stuff that has nothing to do with my daughter against me? These are cases as old as 4 years old

What are my chances that the judge will stop my visits untill the social study is done?

I feel as though my ex is pulling at straws and this is her last resort. Someone please help me as I am feeling pretty crappy about this whole thing.

Thank you.
CS

 

[mommyof4]

Was the visitation ordered upon completion of the study? We need to know exactly what the order states in regard to visitation.

In any case, in TX, if you have an order and she is not complying with the order as written, contact the constable, not the police.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

On September 12, 2008 I was granted temp orders to have over night weekends and weekends extended by a holiday with my daughter. We were also both order to do a home study and meet for mediation. This was suppose to all happen before 12/08 my ex just paid the money for the social study and her attorney said she was busy untill 1/28/08 so the mediation could not happen till then(were told by the gentlemen doing our social study he would not conduct it with out recieving money from both parties) My ex has since filed for a modification of the temp orders saying my daughter is not safe here b/c of my wifes past history with CPS. (Mind you my wife has custody of all three of her children and they stay with us full time and CPS has never taken the kids from us) She is also bringing up the fact of a case she says has not been closed ( no longer current it was closed in 05/08 have letter) I am getting off subject the motion to modify states for all over night visits to stop till cps case is closed or social study is complete. This was set for a hearing for 12/18/08. My question are:

we are suppose to have my daughter this weekend,because this has not been heard yet do I still show up to pick up my daughter at our designated spot and time? If she does not show do I file a report with the police dept to show contempt of court?

Can she use this old cps stuff that has nothing to do with my daughter against me? These are cases as old as 4 years old

What are my chances that the judge will stop my visits untill the social study is done?

I feel as though my ex is pulling at straws and this is her last resort. Someone please help me as I am feeling pretty crappy about this whole thing.

Thank you.
CS

Judges do err sometimes on the side of caution, so its possible that the judge would suspend visitation, or say that your wife cannot be present during visitation, or make it supervised somewhere outside of your home, until the social study is done. If mom withholds this weekend visit its also possible that she won't get dinged for doing so.

If CPS has been in your wife's life as long as 4 years ago, and as current as 5/8 when the last case was closed, its possible that the judge would err on the side of caution. Its also possible that the judge will not.

How did mom get the info about your wife's CPS cases?

 

[chrisstansberry]

Her attorney dug up some old records. The problem I having understanding this is she has tons of CPS cases on her as well including a recent case for medical neglect. When we were last in court in August Judge Sakai specifically said he did not want to hear anything else about CPS cases or he would take the child from both of us put her in state care and let them decided who she can stay with. I have not used any of her CPS info in fear it would get me no where with the Judge and my daughter put into a foster home.

The temporary orders say nothing that if this was not completed there would be no visits just recomended everything be done by 12/8/08. When we showed up for court on 12/8 because nothing had been completed he just simply post poned the court date to 2/2/09 to give everyone time to get things done. Also the social study requires my daughter to be here in our home during his visit it is in the docs he sent us so how can they do that.

My wife is a good mother and takes care of everyone she has accepted my daughter with open arms and loves her as just as much as she loves the others. I could not ask for anything more thyen that.

 

[TheGeekess]

Her attorney dug up some old records. The problem I having understanding this is she has tons of CPS cases on her as well including a recent case for medical neglect. When we were last in court in August Judge Sakai specifically said he did not want to hear anything else about CPS cases or he would take the child from both of us put her in state care and let them decided who she can stay with. I have not used any of her CPS info in fear it would get me no where with the Judge and my daughter put into a foster home.

The temporary orders say nothing that if this was not completed there would be no visits just recomended everything be done by 12/8/08. When we showed up for court on 12/8 because nothing had been completed he just simply post poned the court date to 2/2/09 to give everyone time to get things done. Also the social study requires my daughter to be here in our home during his visit it is in the docs he sent us so how can they do that.

My wife is a good mother and takes care of everyone she has accepted my daughter with open arms and loves her as just as much as she loves the others. I could not ask for anything more thyen that.

And your wife is a legal stranger who has no rights. This is between you and Mom (unless current wife was in the room during conception ).

 

[chrisstansberry]

That is fine if she is a legal stranger then why does her past have anything to do with it if she is a legal stranger

 

[Humusluvr]

That is fine if she is a legal stranger then why does her past have anything to do with it if she is a legal stranger

Because she is around your child and she has "all these CPS cases."

It sounds like she could be a danger.

 

[chrisstansberry]

yes that is true but her mother and her new husband have them just as well. In the last 6 months they ahve had 8 cases. So it works both ways her husband is then a danger to my daughter as well if he and her have both been accussed of medical neglect as well as physical abuse also. There cases are more resent then my wifes past. How does that work?