I am at a lose and at the end of my rope someone please help

[chrisstansberry]

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

I recieved Temp orders for Temp visitations which included 2nd,4th & 5th weekends and weekends extended by holiday in August 08. My ex has cancelled 3 visits due to the child being sick. I learned that no matter what I should have attempt to pick her up. I learned that leason the hard way. My exs attorney just filed for a modification of the Temp orders denying me of all my visits untill both of us complete a social study. This has been set for hearing on 12/18/08 my attorney then filed a motion to dismiss and quash this because the other attorney set it up with the wrong judge. This is set for 12/15/08. I was told by my attorney that since this case had not been heard that I still got my court ordered visits. After attempting several times to contact my ex via phone and leaving messages she never returned my calls, so I started sending emails letting her know that my wife would be there to pick her up at our designated time and pick up. ( I got called into work) My wife showed up with her mother last night to pick her up and my ex did not show. My wife waited an hour past drop of time she then made a report with the police ( as the police station is the drop of and pick up spot) The officer made contact with my ex and my ex just said she was not bringing her and there was nothing they could do about it. The officer then said she was pressing charges for crimanal interference with child custody. My ex then hung up on the officer. So needless to say the officer was not very happy at all. My wife made a report also so we could have it for contempt of court. so my questions are as followes

1. If a motion to modify Temp orders has been filed but yet not heard does the current order fall into place untill the out come of the other is found?

2. What is a crimanl case of interfering with child custody and what does that include? Well the judge get mad that this was done?

3. Because she was as nasty as she was to this officer will this better help me?

I am getting to my last end and this has take almost a year since I found out that my daughter was mine (Feb 12 08) and has cost me $45,000 dollars in legal fees. When this is all done and over and I get my visits would it be best for me to file for her to pay my legal fees back.

 

[truebluemd]

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

I recieved Temp orders for Temp visitations which included 2nd,4th & 5th weekends and weekends extended by holiday in August 08. My ex has cancelled 3 visits due to the child being sick. I learned that no matter what I should have attempt to pick her up. I learned that leason the hard way.

Unless the order states that there is no visitation if the child is sick, mom is in contempt.

My exs attorney just filed for a modification of the Temp orders denying me of all my visits untill both of us complete a social study. This has been set for hearing on 12/18/08 my attorney then filed a motion to dismiss and quash this because the other attorney set it up with the wrong judge. This is set for 12/15/08. I was told by my attorney that since this case had not been heard that I still got my court ordered visits.

Until the order is modified or a new order that supercedes it is issued, the current signed order is in effect.

After attempting several times to contact my ex via phone and leaving messages she never returned my calls, so I started sending emails letting her know that my wife would be there to pick her up at our designated time and pick up. ( I got called into work) My wife showed up with her mother last night to pick her up and my ex did not show. My wife waited an hour past drop of time she then made a report with the police ( as the police station is the drop of and pick up spot) The officer made contact with my ex and my ex just said she was not bringing her and there was nothing they could do about it. The officer then said she was pressing charges for crimanal interference with child custody. My ex then hung up on the officer. So needless to say the officer was not very happy at all. My wife made a report also so we could have it for contempt of court. so my questions are as followes

Does the order state that your wife and mother in low have the right to pick up a child she has no rights to, and can file a police report for denial of visitaiton for a child that she is a legal stranger to?. If not, the judge will throw your contempt motion out of court. Shame on the police for even issuing a report. It is your responsibility to pick up the child unless the order states otherwise. I would have hung up too.

1. If a motion to modify Temp orders has been filed but yet not heard does the current order fall into place untill the out come of the other is found?

Yes

2. What is a crimanl case of interfering with child custody and what does that include? Well the judge get mad that this was done?

The judge will get mad at you for sending your wife to pick up the child you are supposed to pick up. If your wife is not allowed to pick up the child, then the report has no weight whatsoever.

3. Because she was as nasty as she was to this officer will this better help me?

No it will not.

I am getting to my last end and this has take almost a year since I found out that my daughter was mine (Feb 12 08) and has cost me $45,000 dollars in legal fees. When this is all done and over and I get my visits would it be best for me to file for her to pay my legal fees back.

Absolutely not. If you can prove contempt, the judge could make her pay legal fees for that, but I doubt it.

 

[LdiJ]

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

1. If a motion to modify Temp orders has been filed but yet not heard does the current order fall into place untill the out come of the other is found?

Yes, the current order would remain in effect until a judge orders something different. However, whether or not mom would get in trouble for violating the order depends on what kind of argument she may present in court. For example, if she is withholding visitation because you are out on bail for committing a major crime against children, then a judge is not likely to ding her. However, if she is withholding visitation just because she feels like it, then she may end up with fines and may have to pay your attorney fees (for that specific action only).

2. What is a crimanl case of interfering with child custody and what does that include? Well the judge get mad that this was done?

I kind of hope that the cop was just bluffing. Family court judges often are not pleased if you do an end run around them...and that would be an end run.

3. Because she was as nasty as she was to this officer will this better help me?

Not really.

I am getting to my last end and this has take almost a year since I found out that my daughter was mine (Feb 12 08) and has cost me $45,000 dollars in legal fees. When this is all done and over and I get my visits would it be best for me to file for her to pay my legal fees back.

Whoa...that is really high...even for a hotly contested custody battle that is really high...particularly if you only spent it between Feb 12 08 and today. However it may be too late to ask that she pay any of your legal fees. Consult with your attorney on that.

 

[chrisstansberry]

my order states that both us may designate a competent adult to pick up the child or drop her off. She has already been told by the judge there was nothing she could do if my wife picked her up because she was over the age of 18.

 

[meanyjack]

What is the name of your state (only U.S. law)? My ex has cancelled 3 visits due to the child being sick.

In court when she is on the stand, ask for the name of the doctor(s) who cared for the child, when the child was cared for AND orders from the doctor that child was sick and prescriptions, etc. Ask if the child missed any school? Ask if when the child had been sick before when you two were together, why that changes things now. These are the type of questions you want asked to put HER in a corner.

I learned that no matter what I should have attempt to pick her up. I learned that leason the hard way. My exs attorney just filed for a modification of the Temp orders denying me of all my visits untill both of us complete a social study.

What the hell is a "social study"?? I know I took a class similar to that in junior high and high school, but I doubt it's the same. Good Lord....some of this frivolous crap these people think of. Not to mention, even IF you didn't show, that does not give the other attorney any right to file this kind of bullcrap motion.

I was told by my attorney that since this case had not been heard that I still got my court ordered visits.

That is correct.

After attempting several times to contact my ex via phone and leaving messages she never returned my calls, so I started sending emails letting her know that my wife would be there to pick her up at our designated time and pick up. ( I got called into work) My wife showed up with her mother last night to pick her up and my ex did not show. My wife waited an hour past drop of time she then made a report with the police ( as the police station is the drop of and pick up spot) The officer made contact with my ex and my ex just said she was not bringing her and there was nothing they could do about it. The officer then said she was pressing charges for crimanal interference with child custody. My ex then hung up on the officer. So needless to say the officer was not very happy at all. My wife made a report also so we could have it for contempt of court.

Correct. You will need to file a request for it under the FOIA (freedom of information act).

1. If a motion to modify Temp orders has been filed but yet not heard does the current order fall into place untill the out come of the other is found?

The current order remains in effect until a subsequent order is ordered by the court.

2. What is a crimanl case of interfering with child custody and what does that include? Well the judge get mad that this was done?

It sounds like the cop was just trying put a scare into her. But essentially, when one file a show cause for contempt, the person is charging that person with a crime.

3. Because she was as nasty as she was to this officer will this better help me?

It's indifferent. BUT what it will (or should) do is not impress the court one bit that there is a TEMPORARY ORDER and she's already playing games.

I am getting to my last end and this has take almost a year since I found out that my daughter was mine (Feb 12 08) and has cost me $45,000 dollars in legal fees. When this is all done and over and I get my visits would it be best for me to file for her to pay my legal fees back.

WOW...45k??!??!?

 

[truebluemd]

my order states that both us may designate a competent adult to pick up the child or drop her off. She has already been told by the judge there was nothing she could do if my wife picked her up because she was over the age of 18.

Then mom could be found in contempt, but that will not result in a change of custody or mom going to jail. Custody will not be switched to you, especially since you have not seen the child in at least 8 months. You may even have to start gradual visitation to reestablish your relationship with the child.

 

[chrisstansberry]

Actually I have seen her quite often since I found out she was mine. I started out with 2 supervised visits @ a place in San Antonio called Kidshare. They reported that my visits went well and also wrote a letter to the judge stateing they felt the mother was already causing to many proplems and caused a seen the whole time she was there. After those two visits I started seeing her on 2nd & 4th Saturdays from 11am-4pm and there was not court order for this the mother gave it to me. Then my lawyer filed for the temp orders and that is when my ex continued to tell the judge my daughter was a sickly child and the judge told her flat out he can not learn to take care of her if he does not have her. The judge looked at her and told her no matter what I had rights that she could either give them to me or he would give them to me. A social study is were someone goes to both houses looks the home over, looks at how the child is treated while in that home as well as the other family members and then gives each adult in the home a pysocalical evaluation then they will make there recommadations to the judge. So yes I have seen her in the last 8 months it has been the last four weekends that my ex has not shown up with her to drop her off.