Modification possible

[anastashia]

What is the name of your state? Texas


I have not seen my daughters in almost 4 weeks. Prior to that I saw them my visitaiton for two weeks. Before that I didnt see them for about 2 - 3 weeks.

My lawyer said the order cannot be changed for a year. But Im confused that I can be kept from my children like this and my ex plans to do so becuase CPS is investigation sexual abuse on a guy living with her and not only was I not notified I called the caseworker myself and first my fiance was blamed now me. Im really getting frustrated with this. I did not make any allegations. If I knew some guy was doing soemthing Im sure CPS was not who I would go to first, due to the biast nature of this caseworker. Not only this the guy accused went with my ex to take my children to see a female dr and he was asked to leave by the dr, but im shocked that not only cps is allowing them to stay there and that guy to go.... They are worrying more about who made this report than what is really going on??

What would be stance for temporary custody or anything? My ex refuse every week to let me see our children.

 

[Ohiogal]

What is the name of your state? Texas


I have not seen my daughters in almost 4 weeks. Prior to that I saw them my visitaiton for two weeks. Before that I didnt see them for about 2 - 3 weeks.

When does your court order grant you visitation?

My lawyer said the order cannot be changed for a year.

Okay.

But Im confused that I can be kept from my children like this

Your ex may be in contempt.

and my ex plans to do so becuase CPS is investigation sexual abuse on a guy living with her

CPs is investigating someone living with her?

and not only was I not notified

Why do you think you would be notified regarding an investigatioN?

I called the caseworker myself and first my fiance was blamed now me.

You called the caseworker for what reason? And then you were blamed for what? Calling or abusing? And what about your fiance?

Im really getting frustrated with this. I did not make any allegations.

Okay so your ex is withholding your children because your ex believes you made the allegations regarding the abuse?

If I knew some guy was doing soemthing Im sure CPS was not who I would go to first, due to the biast nature of this caseworker.

Oh okay. So who would you contact?

Not only this the guy accused went with my ex to take my children to see a female dr and he was asked to leave by the dr, but im shocked that not only cps is allowing them to stay there and that guy to go....

He was asked to leave. Your ex is the parent correct? So these are her children as well. Has anything been proven? Did the doctor believe that abuse occurred?

They are worrying more about who made this report than what is really going on??

Well if you made the report fraudlently then that is a crime.
Now were your children abused? How do you know or not?

What would be stance for temporary custody or anything? My ex refuse every week to let me see our children.

When are you granted visitation? Have you attempted to exercise your visitation by showing up? Take her back to court on contempt.

 

[anastashia]

I have every other weekend and every Thursday, but may I point out regardless of CPS she denied plenty visitation before hand. There was a call made to CPS on the 24th but what is odd is my ex sent emails to the cps worker that i had sent my ex when she left out of state with my kids and took her sweet time getting back so I emailed her and told her she was screwing up an order so easlily set. So im not sure what concern this was for the caseworker who has accused me of making the call after I told her she could tell me who did not call. My fiance was accused by my ex and our conversations never exclude her as my ex seems more and more obsessed with arguing over my fiance being dangerous and that she would suffocate my children as I slept. I meant she comes up with anything and everything on top of she was brainwashed so she kept them from me. I mean insane stuff.


I did not make any call and if I have proof some 18 yr old screwball was touching my girls I would call the cops before CPS. I do not like this caseworker and never have. When my ex was in trouble for refusing to give the meds to me and kept cancelling appt after appt the caseworker made this my fault and said I needed to work it out with my ex but she fails to understand my ex will do anything to use my girls as leverage.

My ex may not be in contempt ..SHE IS. Yes CPS is investigating a guy living with her who is her younger sisters boyfriend. As far as I know I am supposed to be notified by CPS as the other parent if a case is open. Im surprised I was blamed and had to call myself to get info. Not only that I was asked to take a drug test which I did but since when do accused callers for abuse take drug tests.....?? As I did not but if I did she could not be telling anyone I had. Its such a weird situation.

Yes i go every week for my visitation and trust me all the cops know now me and the cops go up to door ask If if she is going to let me have my daughters and she says no.. goes on for weeks. I have them put down in the report every reason she uses. The test results were supposed to be in today. I have no idea if anything is going on.

 

[anastashia]

Current

Ok so tonight I called my ex to see how our daughters were doing since I am "not allowed" to see them because she feels right. So she tells me I will not see our daughters , that I should terminate my rights and that I need to choose my fiancee or the girls. This is been going on the past month or so with the antics over how much she thinks my fiancee is crazy and whatever. I have never skipped time or put anyone before my children ever. What stance does she literally have that a judge will listen to her excuses of hating my fiancee who hasnt been a porblem before?? I mean I know my ex has issues but serioulsy this is ridiculas and legally she cant keep my children for any reason correct??

 

[Ohiogal]

Ok so tonight I called my ex to see how our daughters were doing since I am "not allowed" to see them because she feels right. So she tells me I will not see our daughters , that I should terminate my rights and that I need to choose my fiancee or the girls. This is been going on the past month or so with the antics over how much she thinks my fiancee is crazy and whatever. I have never skipped time or put anyone before my children ever. What stance does she literally have that a judge will listen to her excuses of hating my fiancee who hasnt been a porblem before?? I mean I know my ex has issues but serioulsy this is ridiculas and legally she cant keep my children for any reason correct??

What did the CPS investigation uncover?

And why haven't you filed for contempt?

 

[wileybunch]

anastashia, your posts are a little difficult to follow, but do you understand that, as OG says, you can file a contempt motion? It is not up to one parent to withhold visitation from the other parent.


http://www.deltabravo.net/faq/visit_ans25.php

This site suggests how to go about notifying the other party when you intend to exercise visitation and when you have shown up for visitation and been denied (showing up is important -- if you never go to get your kids based on her telling you not to, then that was your choice not to show up).

 

[LdiJ]

anastashia, your posts are a little difficult to follow, but do you understand that, as OG says, you can file a contempt motion? It is not up to one parent to withhold visitation from the other parent.


http://www.deltabravo.net/faq/visit_ans25.php

This site suggests how to go about notifying the other party when you intend to exercise visitation and when you have shown up for visitation and been denied (showing up is important -- if you never go to get your kids based on her telling you not to, then that was your choice not to show up).

This poster does have a history here....although I believe that it is under a different screen name (this thread may be the girlfriend's screen name) and the poster does have a history of using CPS, for valid reasons or not, for custody issues, rather than dealing with things in court.

 

[anastashia]

What did the CPS investigation uncover?

And why haven't you filed for contempt?

I got a small loan and paid an attorney a week ago to begin the process, but i pay the rest 200.00 a week as thats all i can afford. So im hoping this is beginning soon. My ex really feels she wont get in trouble. CPS is investigatin sexual assault. I found out there was a rape kit done as I was not told rape was part of this. I assumed assualt was touching groping things like that. I was shocked to know this. But the problem is I was blamed for making the report. I did not make the report and it was made on her a parent but about her sisters boyfriend living in the home from ive known so far. I had no idea til I got a call from my ex little sister crying and asking why I would say this. But CPS should know who made this report. Fisrt the caseworker said it was a letter now she told me it was a phone call. I dont understand anything and my attonrey feels this caseworker might be lying about this. The caseworker has a relationship with my ex's family and has dealt with them for years as I understand.

 

[anastashia]

This poster does have a history here....although I believe that it is under a different screen name (this thread may be the girlfriend's screen name) and the poster does have a history of using CPS, for valid reasons or not, for custody issues, rather than dealing with things in court.

I do not care for CPS. Let me make that clear so I would not use them for any issues as CPS is biast. But I am working on the contempt in court right now. I havent gotton a hearing or anything yet and from what i was told I have to wait a year to date from the date the order was signed to get a modification, but my issue is the refusal of visitation. Among the various pressure and stress from my ex and her family..

 

[anastashia]

anastashia, your posts are a little difficult to follow, but do you understand that, as OG says, you can file a contempt motion? It is not up to one parent to withhold visitation from the other parent.


http://www.deltabravo.net/faq/visit_ans25.php

This site suggests how to go about notifying the other party when you intend to exercise visitation and when you have shown up for visitation and been denied (showing up is important -- if you never go to get your kids based on her telling you not to, then that was your choice not to show up).

I go every week except one week. The police have told her time and time again she can get in trouble and she tells them she is aware and does not care. So I have a report for every time. I also record my conversations. I can use them if the conversation is written word for word but not the tape. But I record everything because her excuses as off the wall and sometimes not consistant. Thank you for the website I will check it out. I printed out a calander for the next 2 months and highlighted my court ordered time to mail her.

 

[wileybunch]

If you have gone every week and this has been going on for a while, while it's good to read and follow the deltrabravo site, you have already had numerous situations of contempt that have been documented and clearly Mom has no intention of stopping the contempt. So now it's time to move forward with a contempt motion and request make up parenting time, sanctions, and any other relief the court deems necessary.

 

[anastashia]

If you have gone every week and this has been going on for a while, while it's good to read and follow the deltrabravo site, you have already had numerous situations of contempt that have been documented and clearly Mom has no intention of stopping the contempt. So now it's time to move forward with a contempt motion and request make up parenting time, sanctions, and any other relief the court deems necessary.

Yes this is my intent and im scared she wont get into trouble .. why? I guess b/c she gets out of everything and im praying this time she wont. My attorney im hoping is going to file soon. She said she is fine-tuning the papers to file. (sigh) I really hope my relationship does not begin to strain with my daughters at all.

 

[Ohiogal]

Why do you think you can use the transcript? Why can't you use the actual tape? Everything I have found states Texas is a one-party state.

 

[anastashia]

I was told i could not use the tape only a written copy of it. I am not sure if i was my attorney or another legal party. I wish I could remember. I should recheck. Yes I can tape without her knowledge but she knows I do. I have told her at times. I do have a question since i plan to mail the calander of when I am to have our girls? She is complaining that I send her copies of the bills and things to this extent. I have not sent a letter to let her know she is refusing, but I am allowed to do this correct? The last letter I sent was a change of phone number. My fiancee hand wrote three letters to be sent to the clerk, state case registry and then to my ex. I signed all of them, but my ex is accusing my fiancee of siging for me which I know I did. I know this might just be crap but is that a problem? When I changed my address and I had to notify all 3 parties, i typed the letter so as to avoid the stupid pointless drama. And I dont want her saying i harassed her as she loves to do? I called one night to check on the girls and she called the police as my order states I can call once a week.

 

[wileybunch]

Yes this is my intent and im scared she wont get into trouble .. why? I guess b/c she gets out of everything and im praying this time she wont. My attorney im hoping is going to file soon. She said she is fine-tuning the papers to file. (sigh) I really hope my relationship does not begin to strain with my daughters at all.

That's a valid fear. You're afraid the "monster will grow bigger" so to speak if they perceive they got away with something. You have to take the risk and start somewhere b/c your alternative is to be pushed out of your child's life without the ability to make up lost time. You can't wimp out like that, you have to be willing to stay in the fight. Oh, and expect the relationship with your daughters will strain so make sure to have a provision for counseling in the order to repair the father-child relationship that's been damaged through the visitation interference.