Father using false abuse to get custody..HELP

[hockeymom9]

What is the name of your state? TX
My Sons Father and My Mother over the past 7 yrs have called CPS on me and my husband 5 times to cause us grief. All allegations were either rulled out or unable to determine, it has been awful. My son, who is 12, is very hard to handle who has been diagnosed by 6different doctors with ADHD and now ODD.

His Father didnt even see him the first 5 yrs of his life and since then has been in and out, only the past 2 yrs or so has any kind of consistancy been seen and thats somewhat questionable.

Anyway, Since CPS didnt work, and the Sherriffs dept didnt work, He went to a private attorney and wrote all these lies on an affidavit, gave them to a Judge on a Friday, the Judge signed a Temporary Restraining order against me from seeing my son just from that paper, untill court date in 2wks (1wks now), he picked up my son for visitation that night and didnt bring him home. I was served the papers the next morning in complete disbelief that this could even be done.

I can not afford an attorney. I will be fighting one of the most ruthless attorneys in this small town.
Anyone had any experience in anything like this? How do you fight against lies that never happened? They did take stories of some things that did happen and turn them around. I am worried about going without an attorney but when I started getting everything together I am kinda relieved because I do write EVERYTHING down, over the yrs, when things happen, kinda like a journal, that is helping me with dates to fight with bogus things in his affidavit.

HELP

 

[stealth2]

When it's an emergency hearing, a judge is going to err on the side of caution. BTDT. My situation was somewhat different because his lawyer neglected to tell the judge that we were having a hearing with a different judge about the custody case the coming Monday - our usualy judge took exception to the shenanigans and had the emergency custody order vacated.

Honestly, if I were in your shoes I would beg, borrow or steal (not literally) the money for an attorney to be by your side.

 

[kat1963]

The big problem comes in when your 12 year old acknowledges the abuse allegations. How much do you want to bet he has? Children never lie you know (nor do they rape, steal or murder)! And as Stealth stated, the judge will error on the side of caution! You ex now has had the time to alienate (brain wash) him. In addition you are up against the age factor. He’s 12, the judge could take his wishes into consideration regardless of the (false) abuse allegations.
Go find a lawyer now. And also check www.supportguidelines.com If your ex is given temporary custody until the trial, there will be a support award, probably dated back to the ex parte hearing (don’t let yourself get caught off guard!).
Good Luck!
KAT

 

[hockeymom9]

I know, I could only imagine what his dad is filling his head full of over there right now, but he is 12 yrs old. Not sure if that will work for or against me knowing how smart and munipulative my son is, he knows how to use the system. But I truely dont think he actually wants to live with his Dad, for one there is no abuse, for 2 he was only mad because he had been grounded, for 3 his dad comes and goes in his life and hasnt really been there for him, for 3 when my son decides to throw one of his temper tantrums (especially if he isnt taking his meds over there) it can become quite a dangerous situation, his step mom will completely freak out. They havent been to all the counceling I have with him they have no clue how to handle those types of situations. His Dad is liable to actually Hit him.

I am scared of going to court with out an Attorney, but it is impossible at this time. I have alot of Evidence on my side though. Affidvits from people that see him Monthly, Weekly, and Daily that have not seen any for of any abuse, Like his Drs 4 of them Peditrition, Psycholgist, Psycyitrist, Councelors 2 of those, 2 School Principals, Neighbors, all my Daycare childrens parents, friends etc.

With my sons ADHD/ODD my son sits right next to the teachers desk in school in all his classes its not like he is likely to go un-noticed, and we have one-on-one couceling with his psycholigist once a week.

I feel confident that when the Judge talks with my son alone after reading all my Affidavits and response to all the allegations and I pick apart all the lies in his fathers and my mothers affidavits the Judge will see the true Motive behind this frivilous custody hearing.......I hope.

 

[n_and]

Hockeymom,

I looked and couldn't find anything about Women's Resource Centers in TX. Seeing as I don't live there, I hope I'm wrong. Check into it and see if you can find any type of Domestic Violence Shelters. Call and explain the situation to someone there. They may provide you with an attorney, free of charge. I hope they do. Those affadavits work to your advantage, as does the fact your son is old enough to know what is REALLY going on here. Best of luck to you.

 

[hockeymom9]

Hockeymom,

Check into it and see if you can find any type of Domestic Violence Shelters. Call and explain the situation to someone there. They may provide you with an attorney, free of charge.

Thanks, but how would a Domestic Violence Shelter be willing to help me? Isnt that only for women or children being abused?

 

[n_and]

Not necessarily. It seems to me like YOU are the one being abused. You obviously (through what I have read) care alot for your child. And it has been proven numerous times that these calls to CPS are just a hoax. Get any documents you can from the sheriffs dept. that state it was a false call, as well as CPS. CPS especially will have records of any phone calls and visits to your home. In a lot of states they offer attorneys to people who can not afford them. Like I said, I looked into it and couldn't find anything...but I pray you can! It may scare you to go to court without any attorney present, but just know your case. Don't let anger get the best of you. Facts are facts, and fact is, you did nothing wrong. And you know what's even better? You have the documents to prove it.

 

[hockeymom9]

I will check into it. Thanks for the Info!!!!!!!!!!!!!!

I will admit that I am nervous. But I am not one to be intimidated by people. I know we did nothing wrong, and I can turn my anger into some pretty fast writting for the Judge (my Affidavit & response), Our hearing is Friday. Im still working on all the paperwork, been working on it all week, Gonna be at least 30-35 pages long. Alot of background and motive to prove, facts not hearsay, with affidavits from various people and professionals to back them up.


By the way, my mother is in on this too, long story, to sum it up, she hates my husband because he stands up for me, she has run over me and put me down my whole life and she cant stand that we have been married for 7 yrs and that I finally found someone that loves me and that makes me happy. I have always kicked men out of my life because I dont put up with any crap. I am a very independant woman, most men are intemedated by that. My mother on the other hand has married 6 times for money, I am just not that way. I have disappointed her that I have not married money and that my husband has 4 other children and he has child support obligations, he takes care of his children, we in addition buy their clothes pay for sports etc... This infuriates my mother and its a constant battle.....she is just in the middle of everything.....we limit her knowledge to things and she questions our children about the goings on in our family. We have told her she can not see the kids at times because of her meddling.

Does anyone also know if there is Grandparents rights in Texas?

Does anyone know if there are grandparn

 

[Ramoth]

Yes. They have the rights that YOU give them no more.

 

[hockeymom9]

The Hearing Friday

Ive got my Response for the Judge almost done tearing apart every single lie in the father and step-moms affidavits. I even have certified letters Ive sent him stating that he hasnt seem him in 10mths at a time (with medical bills unpaid), journal entries etc from incidents that he talks about in his affidavits, and has turned around completely over the past 7 yrs, letters from Counselors, school principals, neighbors, my present and ex-daycare moms, friends, all of these people have been in my home on a daily basis or have had daily contact with my son and are trained to look for signs of abuse in children. oh and his peditrition. Still waiting on Psycholigist letter he sees weekly and the Pychitrist that perscribes his ADHD/ODD meds. IM READY for court on FRIDAY.

I know everyone has said not to give all of your evidence till court. But Im really thinking I need to send all this to the Judge tommorrow in my response so he will read it all before we get to our first hearing Friday, since all he knows is the lies from their side. Maybe this wont go any further if I do?

My son has been at his Fathers house since his weekend visit last weekend, it must be awful for him by now. He has heard his step mom threaten me with Jail on the phone for calling, no telling what his is thinking, he must be horrified! Im sure he had no idea that all that was going on untill he heard her say that. They just put a paper in front of him and said "If you want to live with us, sign this paper."

Will the Judge talk with my 12 yr old on the first hearing date? How does this usually work? My son doesnt really want to live with his father, they took him out bought him a bunch of stuff. Our house was kind of stressful because they (with my mom) had called CPS stating a bunch of false abuse allegations (again), and that is going to be ruled out by the way. But if the Judge talks to him....this will be all over, regardless that he has been over there a week being told God forbid what. I just know it.

 

[hockeymom9]

help again...lol

I just called the Judges office this morning and found out that the Judge isnt even going to talk to my 12yr old and he wont even be present at our hearing.

I went point by point to every allegation in their affidavits, even went as far to go all the way back and bring up the other son he gave up his parental rights to (in which a restraining order is against him until the child turns 18) because he didnt want to pay child support on so he gave up his rights. He is two yrs older than our son.

I made the motive in this case quite clear.

With all the evidence, Ive really prayed hard about this and feel really good about going with out an attorney. I know ya'll are gonna yell at me.......lol

If this first hearing goes bad, I promise, I will go in debt, but I will take a loan out at the bank somehow and get the $.

Is it within the Judges legal rights to throw the case right out the window if my evidence is so compelling that he thinks that this is what it is, all about $ and about him not wanting to pay child support?

 

[stealth2]

Sure, the judge can throw it out. Or he could rule against you. If it's the latter, a lawyer at that point won't do you much good.

Good luck.

 

[hockeymom9]

I hope he does. Im sure he wont rule against me.

Thanks for the Info!!!!!!!!!!!!!

 

[ken mathews]

Texas Legal Aid is Lonestar Legal Aid, also check out Texas Women's Advocacy, also your local prosecuting atorney assist with women issues/shelters. If you are uncomfortable pro se you can motion for a continuance to allow time for an attorney.

Sounds very similar to what I experienced with my ex...

Have witnesses in court on your behalf to the testimony he gives on the stand and state fact on the stand avoid any emotion or this really PO's the court. Also crying is viewed as a manipulative method, even if it is uncontrollable reaction so try not to. Out of curiousity what county in Texas?

 

[n_and]

Texas Legal Aid is Lonestar Legal Aid, also check out Texas Women's Advocacy, also your local prosecuting atorney assist with women issues/shelters.

Thanks ken/cristi, for giving her actual names of places rather than a vague idea of where to go (as I did, unfortunatly)


Hockeymom, once again, Good Luck to you. To be completely off any legal advice, I am a mother as well and this has got to be rough for you. Stay strong, and like I said, don't let your anger overtake you - you've got a good case Best wishes.