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Father just wants time with his daughter

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

A year ago I found out I had a daughter. She was 2 when I found out, she is now three. I had an ex who continued to tell me over and over she was mine but I had doubts. She continued emails saying she was sick and in the hospital and I need to come see her. I told her at that time I would be glad to come see her let me know where and my wife and kids would be coming with me. (the last time she asked me to come see the baby after I left my home town another man called and said If I showed up he was going to kick my ass. The reason why I was bringing someone with me) The minute I mentioned that all of a sudden she was not my daughter. This went on for months untill I had enough and filed with the attorney generals office. I filed out my paper work and she never filled out hers and turned it in but they had enough to continue with out it. I toke a paternity test and she was mine. I was excited and ready to take on that role. They only gave me 2 visits supervised thru a place called Kid Share untill the next hearing. I was not happy with this and hired an attorney. After 5 months I got temp orders for 2,4 & 5th weekends. Then my ex decided to get into my wifes back ground and she had a few cases with CPS but has maintained custody of all three of her children. So the courts dropped it to supervised visits once a week where I live supervised by CPS and she has to drive to the visits. The judge ordered a social study and said no other visits would be granted untill the social study was complete and the judge had the prepares recommandation. Our family did our social study on Jan 24 and to todays date she has not done nothing. This last week her attorney filed for a motion to modify temp orders under the grounds of mother and child had to drive to Austin every week from San Antonio and then did not file it with the judge who has our case. Her attorney has done this many times, not filing with the right judge and our attorney has filed to dismiss and it has. which is what she has done now. It seems they keep doing this to delay what is going to happen. They want me to drive to SA and do my visits there and pay for kid share again out of my pocket. So my questions are this

1. Does this process usually take a year? I feel the mother does not want me to participate in my daughters life but wants my child support.

2. Our attoney has filed for a jury trail because of the stunts the other attorney has pulled. ( filing with the wrong judge, filed for a continous with another judge after our attorney sent her several faxes and emails stateing she was not going to be here she was on vacation and had a letter on file with the courts, and the other judge granted it) she is asking for all money back that we have payed her does this usually happen? or how does that work?

3. Am I wrong for continueing to fight this? I just want to have a relationship with my daughter. Its getting to the point were I am ready to give up. What are my other options? I have even set up three appts with a mediator confirmed dates with them and then they never showed....I am at a loss can someone help me and let me know what else to do

Desperate dad
 


LdiJ

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

A year ago I found out I had a daughter. She was 2 when I found out, she is now three. I had an ex who continued to tell me over and over she was mine but I had doubts. She continued emails saying she was sick and in the hospital and I need to come see her. I told her at that time I would be glad to come see her let me know where and my wife and kids would be coming with me. (the last time she asked me to come see the baby after I left my home town another man called and said If I showed up he was going to kick my ass. The reason why I was bringing someone with me) The minute I mentioned that all of a sudden she was not my daughter. This went on for months untill I had enough and filed with the attorney generals office. I filed out my paper work and she never filled out hers and turned it in but they had enough to continue with out it. I toke a paternity test and she was mine. I was excited and ready to take on that role. They only gave me 2 visits supervised thru a place called Kid Share untill the next hearing. I was not happy with this and hired an attorney. After 5 months I got temp orders for 2,4 & 5th weekends. Then my ex decided to get into my wifes back ground and she had a few cases with CPS but has maintained custody of all three of her children. So the courts dropped it to supervised visits once a week where I live supervised by CPS and she has to drive to the visits. The judge ordered a social study and said no other visits would be granted untill the social study was complete and the judge had the prepares recommandation. Our family did our social study on Jan 24 and to todays date she has not done nothing. This last week her attorney filed for a motion to modify temp orders under the grounds of mother and child had to drive to Austin every week from San Antonio and then did not file it with the judge who has our case. Her attorney has done this many times, not filing with the right judge and our attorney has filed to dismiss and it has. which is what she has done now. It seems they keep doing this to delay what is going to happen. They want me to drive to SA and do my visits there and pay for kid share again out of my pocket. So my questions are this

1. Does this process usually take a year? I feel the mother does not want me to participate in my daughters life but wants my child support.

2. Our attoney has filed for a jury trail because of the stunts the other attorney has pulled. ( filing with the wrong judge, filed for a continous with another judge after our attorney sent her several faxes and emails stateing she was not going to be here she was on vacation and had a letter on file with the courts, and the other judge granted it) she is asking for all money back that we have payed her does this usually happen? or how does that work?

3. Am I wrong for continueing to fight this? I just want to have a relationship with my daughter. Its getting to the point were I am ready to give up. What are my other options? I have even set up three appts with a mediator confirmed dates with them and then they never showed....I am at a loss can someone help me and let me know what else to do

Desperate dad
When you are a stranger to the child its normal for visitation to start out supervised. You didn't have to be a stranger to the child, you could have filed to establish paternity and get a DNA test from the get go. It was your choice to have "doubts" and wait.

If your wife has had a lot of involvement with CPS its not unusual for a judge to err on the side of caution and re-order supervised visitation until an investigation is done.

If mom has always lived in San Antonio, or at least lived in San Antonio at the time that court action started, and you lived in Austin, its not surprising that her attorney would claim a "hardship" for mom regarding that. In fact, its a bit odd that you weren't required to do supervised visits in mom's community from the get go.

Emergency motions are often heard in front of other judges rather than the judge presiding over your case.

A jury trial is really unusual in a child custody case, and is also VERY expensive.

You absolutely have the right to a relationship with your child. However you seem to have a really odd combination of events/circumstances. Some of which don't reflect well on mom, but some that don't relect well on you either.
 

CourtClerk

Senior Member
A jury trial is really unusual in a child custody case...
As I understand it, they really aren't in TX. Made me nauseous just thinking that the State of TX actually ALLOWS jury trials in family law matters... and it's quite common. :eek:
 

LdiJ

Senior Member
As I understand it, they really aren't in TX. Made me nauseous just thinking that the State of TX actually ALLOWS jury trials in family law matters... and it's quite common. :eek:
San Antonio is in TX and Austin is in TX so why would you think that they aren't really in TX?:confused:

What makes me nauseous is thinking about the cost of a jury trial.
 
Yes I chose to stay back for the first two years, but I also offered numerous times to get her anything she needed. I also send MO to her and everything I sent to her was returned back to me. She would not take anything from me. After the first year of things coming back and kinda gave up. She threatned me numerous times about taking it to the AG I was waiting for this so I could show the judge what I had tried to do. The judge now has all this info and is not happy with the fact she did this. I am at my breaking point and so far this has cost me $30,000 in attorney fees and I am now running out of funds. I am also afraid if I do not continue she will get what she wants and I will be left in the dark.....
 

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