Omg this is sad what do i do now?

[chrisstansberry]

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

I have had Supervised visits with my daughter since Jan 09. I was to go to standard visits the min cps court ordered services were complete and dismissed. Well that happened this Tuesday 9/22. I toke that dismissil letter and a letter of entent to excercise and faxed it to my ex and her attorney letting them now I would be picking up my daughter this weekend. ( We have 2nd 4th 5th weekends) I had to work tonight so I sent my wife to pick her up.(this was in the letter as well) as she is my compontent adult. My wife gets there and waits and no one shows. My ex calls me @ 6:15 ( pick up is 6pm @ San Marcos Police dept) and leaves me a message saying there is a new sexual assault case against me and that the San Antonio Police as well as the San Antonio CPS case worker told her not to send my daughter with me this weekend and they were taking her to the hospital to do a sexual assault kit.. Now Mind you my visits have been supervised and those visits are in Austin Tx. and I have not seen my daughter since 9/12.

So here are my questions

1. San Marcos Police dept said they could not enforce the order because we did not have a copy that had the raised seal. It did have the disctrict clerk stamp as well as the time filed stamp. Was there more they could do?

2. Can the SA police as well as a SA cps case worker tell the custodial parent no visits unless they have a court order sighned by a judge or provide me with a service plan I must sighn?

3. I do not know how much of this is true so I wanted to go to her house in the morning and attempt to pick up my daughter. Is this a good idea?

I do know she would not go with the CPS case worker or let the doctors perform the sexual abuse kit. I have not recieved a phone call from no authorites I have only heard this from my ex. What are my options? I did file a parentel interverence in San Marcos and San Antonio. I feel as I am always haveing to prove myself and every time I get close to haveing regular weekends she pulls stunts like this?

HELP

 

[Ohiogal]

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

I have had Supervised visits with my daughter since Jan 09. I was to go to standard visits the min cps court ordered services were complete and dismissed. Well that happened this Tuesday 9/22. I toke that dismissil letter and a letter of entent to excercise and faxed it to my ex and her attorney letting them now I would be picking up my daughter this weekend. ( We have 2nd 4th 5th weekends) I had to work tonight so I sent my wife to pick her up.(this was in the letter as well) as she is my compontent adult. My wife gets there and waits and no one shows. My ex calls me @ 6:15 ( pick up is 6pm @ San Marcos Police dept) and leaves me a message saying there is a new sexual assault case against me and that the San Antonio Police as well as the San Antonio CPS case worker told her not to send my daughter with me this weekend and they were taking her to the hospital to do a sexual assault kit.. Now Mind you my visits have been supervised and those visits are in Austin Tx. and I have not seen my daughter since 9/12.

So here are my questions

1. San Marcos Police dept said they could not enforce the order because we did not have a copy that had the raised seal. It did have the disctrict clerk stamp as well as the time filed stamp. Was there more they could do?

2. Can the SA police as well as a SA cps case worker tell the custodial parent no visits unless they have a court order sighned by a judge or provide me with a service plan I must sighn?

3. I do not know how much of this is true so I wanted to go to her house in the morning and attempt to pick up my daughter. Is this a good idea?

I do know she would not go with the CPS case worker or let the doctors perform the sexual abuse kit. I have not recieved a phone call from no authorites I have only heard this from my ex. What are my options? I did file a parentel interverence in San Marcos and San Antonio. I feel as I am always haveing to prove myself and every time I get close to haveing regular weekends she pulls stunts like this?

HELP

You need a CERTIFIED copy of the ocurt order. Ask the clerk for one. It may cost you a dollar a page or something of that nature. They can tell the CP that however it does not mean that is something that will prevent her from being found in contempt.
Call the police in SA and find out. Then if they say it is not true go get your daughter.

Truthfully if this keeps happening and you and your ex can't learn to play nice both of you are going to screw your daughter up royally so she will NEVER forgive either of you.

 

[chrisstansberry]

Update

Okay just wanted to give everyone and update. I finally got in touch with the caseworker and the officer and they both told me " We can not advise her to disobey a court order." Of course by the time I got ahold of someone it was after my weekend possession and I did not get my visit with my daughter. The caseworker did tell me she would talk to my 3 year old daughter on 10/02 and if she did not make an outcry they would dismiss the case. She contact me afterwards and told me she made no outcry but felt that she was being coached as to what to say.

For the month of October I am to have my daughter for the weekends of 2nd,3rd & 4th weekend. ( As halloween is a religouse holiday for them and I do not get her for that weekend so they give me another weekend instead) So I sent a letter to her, her attorney and to the courts of a letter of intent to excercise for those weekends and they time I would pick her up and drop her back off. ( outlined everything from our order) I also sent a letter asking for a makeup weekend for the weekend she denied me. I sent a copy to the courts as well. Is there anything else I should do, or is this a good start?

 

[LdiJ]

Okay just wanted to give everyone and update. I finally got in touch with the caseworker and the officer and they both told me " We can not advise her to disobey a court order." Of course by the time I got ahold of someone it was after my weekend possession and I did not get my visit with my daughter. The caseworker did tell me she would talk to my 3 year old daughter on 10/02 and if she did not make an outcry they would dismiss the case. She contact me afterwards and told me she made no outcry but felt that she was being coached as to what to say.

For the month of October I am to have my daughter for the weekends of 2nd,3rd & 4th weekend. ( As halloween is a religouse holiday for them and I do not get her for that weekend so they give me another weekend instead) So I sent a letter to her, her attorney and to the courts of a letter of intent to excercise for those weekends and they time I would pick her up and drop her back off. ( outlined everything from our order) I also sent a letter asking for a makeup weekend for the weekend she denied me. I sent a copy to the courts as well. Is there anything else I should do, or is this a good start?

That's a good start. However make sure its YOU that goes to pick up the child and make sure that you have a certified copy of the court orders.

 

[chrisstansberry]

Its hard to do that as I am a commissioned security officer and I have to be at work by 5pm which puts me unable to go get her as why my wife goes. Our order does say any compotent adult and they made us get a list together of 5 people and file it with the courts and she is on my list. I know its best for me to go get her I am seeing if I can come in late but not sure as to how that will turn out yet.

Then on the other hand I am ordered to pay child support and the min I miss any typ of payment she flips alid and automatically files against me for contempt. In order for that not to happen I have paid 2 months ahead. I know child support and visitations are 2 seperate orders but this women has come after me for everything so I am not suprised when she pulls something like this.

My family and I know she is the one who called CPS in order to keep another visit from me. She does this everytime it comes to me getting my regular weekends and no supervision. I have kept all her messages saying the CPS case worker told her to keep me from my visit, and I know they can not do that as well as she said she could not advise her to disobey a court order. How to I keep her from continueing from doing this at every visit?

 

[LdiJ]

Its hard to do that as I am a commissioned security officer and I have to be at work by 5pm which puts me unable to go get her as why my wife goes. Our order does say any compotent adult and they made us get a list together of 5 people and file it with the courts and she is on my list. I know its best for me to go get her I am seeing if I can come in late but not sure as to how that will turn out yet.

Then on the other hand I am ordered to pay child support and the min I miss any typ of payment she flips alid and automatically files against me for contempt. In order for that not to happen I have paid 2 months ahead. I know child support and visitations are 2 seperate orders but this women has come after me for everything so I am not suprised when she pulls something like this.

My family and I know she is the one who called CPS in order to keep another visit from me. She does this everytime it comes to me getting my regular weekends and no supervision. I have kept all her messages saying the CPS case worker told her to keep me from my visit, and I know they can not do that as well as she said she could not advise her to disobey a court order. How to I keep her from continueing from doing this at every visit?

The reason why I said that you need to be the one to pick up the child is because the police are more likely to help you, than to help your wife.

Maybe you need to take a day off for the first couple of visits, in order to get things established, before you start sending your wife.

 

[chrisstansberry]

This is a great idea, and I never thought about it that way at all. Thanks so much for the great advice. I have sent an email to my boss about taking the day off or just coming in a bit late and staying later.

Anyone have any idea had to keep her from calling cps every time my visit comes up?

 

[MichaCA]

What is amazing about it is that its so obvious that you only have had supervised visits with child...and your ex is very aware of that...how did she think she could get away with that?

And sorry, but of course mom is the one who reported it. Just from your brief post, somehow its obvious to me that mom is making malicious reports about you.

IF it were me, and IF I had the money...not knowing legal terminology, I would want to take her to civil court for defamation of character or something...don'tknow.

But in family law court, at the very least, I would hire an attorney and serve mom with (brainstorming here) violation and willful interference of court ordered visitation, and there has to be some charge where you have to prove to the court (which it seems hands down you can) that a parent willfully and maliciously made false testimony against you...seriously, I would want to hire an attorney to take her to court for just this one thing, nothing else.

I wish I could be more helpful, and I can't. But I do think there IS something you can do, but you will have to get a good attorney to do it for you.

 

[chrisstansberry]

Question

I have been fighting for 19 months to have some type of reqular visits with my daughter. I have had to go above and beyond to prove myself. Parenting classes, anger mgmt, protective parenting, indivuadal therapy & family therpy. Non of this therapist feel that I am a danger to my daughter as well as to my three step children. As well as I have not had a reqular weekend visit with my daughter since Sept of last year. They have all been supervised by either CPS, KIDSHARE KID EXCHANGE since a year ago.

I was wondering if it would be best to go to court and ask for a Guardian Ad Lietem for my daughter? I only want whats best for my daughter, but feel that with all this allegations her mother is making against me that I am getting cut off at every point and that this is adding undo stress to my daughter who is only 3. Any suggestions?

 

[Ohiogal]

I have been fighting for 19 months to have some type of reqular visits with my daughter. I have had to go above and beyond to prove myself. Parenting classes, anger mgmt, protective parenting, indivuadal therapy & family therpy. Non of this therapist feel that I am a danger to my daughter as well as to my three step children. As well as I have not had a reqular weekend visit with my daughter since Sept of last year. They have all been supervised by either CPS, KIDSHARE KID EXCHANGE since a year ago.

I was wondering if it would be best to go to court and ask for a Guardian Ad Lietem for my daughter? I only want whats best for my daughter, but feel that with all this allegations her mother is making against me that I am getting cut off at every point and that this is adding undo stress to my daughter who is only 3. Any suggestions?

That should have been asked for 19 months ago.

 

[chrisstansberry]

Maybe it should have....but I never thought this women would go as far as she has with this. Accussing me of things I am no where near cabaple of doing.