My ex is endangering our child

[aliachase2007]

I know theres alot of talk on affidavids. I have journals, texts and emails which I think will help out somewhat. I also asked the SM to write me alist of her concerns so I can bring it to the counselor when I bring my daughter.

My daughter told me this morning how "grown ups cry". Then told me how her SM cried after she got into a fight with her father. I texted the SM who called me and told me what happened. He gets calls from other women(has profiles already on dating lists). The SM got very upset and emotional when she heard him telling the female on the phone "i hope you get to meet my daughter soon". They argued in the bedroom for a bit before SM noticed my daughter in the hallway listening. She told NCP that they needed to tell her about the divorce, he refused saying its not neccessary, and that he'd tell our daugther the SM left after the divorce. I see a huge problem with that. Since he shouldn't be parading women around our daughter right after(or before) the divorce. The SM ended up trying to explain to my daughter about the divorce and why she was leaving. My daughter was confused and upset. She doesnt understand why SM is leaving if she still loves her and her dad. The father is refusing to talk about it to her other then that the SM has gone(shes still around).

I see alot of things thats wrong, and am concerned for my daughter because of her behavior changes, how upset she gets and the things Im hearing and seeing. Hopefully this gives you more input on whats going on and why Im so concerned.

 

[PQN]

contact

Since SM has been a positive force in your daughter's life, please allow them to keep in touch.

 

[aliachase2007]

Since SM has been a positive force in your daughter's life, please allow them to keep in touch.

I am, they are going to hang out this weekend. Shes moving north in Jan, and untill then we plan on the two of them hanging out as much as possible. They are also going to stay in touch on the phone after she leaves. And when shes in town they can hang out also.

I dont want to get involved with whats going on at my daughters fathers house. But want her to know that her SM still loves her and is still there for her.

 

[CJane]

So, are you actually going to answer any of the questions that were asked?

 

[aliachase2007]

Actually this is an issue of court rules, not rules of evidence. Procedural parameters to support a motion, the rules to support a motion to modify an existing order. In family court, often to request a hearing as well. Check to see you local procedures on motions.

In regard to rules of evidence, see FRE 601, 602, and 603.

OP,
Can you get records of the DUIs as well? And yes, you would still want affidavits from witnesses who have seen continued drinking and driving.

Im not sure where he to look for the records. I did call the police where he lived previously to see if he has a dui and they told me no. He may have gotten then in other precincts or cities. Plus I dont know any dates.

 

[aliachase2007]

So, are you actually going to answer any of the questions that were asked?

Im sorry I must have missed something??. Some responses were repititious and I thought answering one would answer the others. Ill look thru and make sure I answered all the questions for you

 

[Ronin]

In Texas, you need to establish a subsantial change in circumstances since the last order was rendered. It appears that most of your evidence boils down to allegations that cannot be verified, that you did not witness first hand, and it will be your word against his.

Contrary to what someone else stated, this is not a simple motion for modification. This is filed as a new lawsuit. Custody modification suits are beyond the scope of what most legal aid will take on, and what most pro se's can handle on their own.

OP, Can you get records of the DUIs as well? And yes, you would still want affidavits from witnesses who have seen continued drinking and driving.

Affidavits are fine and dandy, but their applicability in a case such as this would be to support the basis of the modification. But they are unnecessary, since the allegations in support of the petition can be made without these. The petition itself requires verification, which is an affidavit.

The allegations in support of the petition will have to be proved up at an evidentiary hearing in which any witnesses are expected to be present to testify and be cross-examined.

Unless you have a good family law attorney who feels you have a strong case and is willing to go to bat for you, it is highly unlikely you will make it to first base with what you have presented so far.