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Seeking custody

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jaxpink

Member
What is the name of your state? Texas



Ok --- Bear with me as I give you this story for your answers!

Mom and Dad have two daughters(twins) 19 months old- Mom and Dad broke up during the pregnancy-
Children were born at 26 weeks- Dad and Mom visited in the hospital while children were there. They were there from April to July 1st (baby a) then August (baby b) In June CPS was called on Mom. Mom told Dad- Dad called CPS they said they needed a home visit phych and drug texts on the household for Mom and Dad- Dad and Mom complied- Dad have one Visit with daughters in CPS on September 12, 2006- Dad was unable to get them in home- Mom refused and Her family refused- Mom and Dad had signed an agreement- Notorized agree to shared parenting time- Mom never complied - Mom and sisters and her mother called and harrassed. Dad was not able to see daughters and was literally emotionless due to calls from mom and her family-
Was offered a job in another state and took it- CPS told him until he paid Child Support he didnt get to see his daughters and that they were doing him a favor- Dad moved and started looking for legal help-
Dad didnt talk to mom from September 12th after that visit until November 15th- mom emailed Dad said she was in Minnesota with daughters living with his Sister- Emails began between Dad and Mom-
Mom said she needed money - dad said I want to see my kids-
They made an agreement he could see daughter when him and her were both going to be in Texas for Christmas- Mom never showed said her family needed to see them first- Dad had to drive 24 hrs back home the next day- Dad and mom emailed mean and good emails back and forth until another agreement that Dad could see girls in March (this was made Jan 07) Dads sister would fly girls in-
Then Feb 7th mom moved back to Texas- Dad finds out that Mom left Texas in Nov 06 b/c she was attacked by her moms b/f- mom denies it - But dads sister got a call from mom crying about the situtation- Dads sister told mom "if you dont move out of that house, im calling my brother and he can come get them" so mom moved to Minnesota-
Now in Feb. mom moves - dad said call me when you get to Texas- A month later mom calls after Dad kept calling mom's sister- In march mom and dad talk about an agreement mediated that dad would pay for- Mom said ok and that Dad could come fly to get girls for 3 weeks in May-
In April right before Girls 1st bday, Mom calls and says The Attorney General says I can let you have the girls- Dad says what? Mom says yeah we filed to sue you for CS- Dad says well I still want my girls in May - Mom says no. Dad still flys in May and tries to find her- No where to be found- Calls mom's sister and mom;s mom - they wont tell anything.
In June Dad and Mom show up in Court- Dad says give me a DNA- this woman wont allow me to see my kids - Something could be wrong- Dad had found an email mom had sent to another man asking if he was the girls father-
Dad and Mom are back in Court Aug for Child Support and there was a continuence-
At this time Dad is aware mom moved againt july in with her New Boyfriend. So mom has moved now a couple times- The home mom moved into in Feb was bought by her grandparents- free rent basically maybe 200, but mom moves anyway-
Sept and another hearing - they dont ask for Child Support b/c mom is rcving 1200 for the children and dont want any interference with the childrens benefits- Dad gets visitation-
At Dads 2nd Visitation mom's bf gets in dads face telling him "you need to dress more appropriate for my children" dad is very passive- says "um ok they are my children" then B/F with one child in arms and finger in dads face says "no they are not yours until you pay for them"
Dad leaves and sits in truck documenting the confrontation. Calls mom when is home and asks her why did you allow that - dad is recording and mom's b/f in background on tape says "I just want to break your Fu**ing Neck"
Each and every 4 visits at Bill Millers Rest moms Bf sits and watch from outside window-
Next dad has the children for 4 visits alone for 4 hours- First day dad goes to get his girls and mom's b/f's mom says you will see daddy later- dad says nothing other than they "have alot of grandmas".
When the visit is over mom and her bf's sister and bf;s mom come to pick up children and dad gives mom a paper - a parenting worksheet she can fill out saying what she wants, so they work together one custody- BF's mom jumps in and says my son will be making this decision as well- Dad says no this is mine and mOms. Bf's mom continues to be hostile get loud- Dad walks off-
Mom and Dad seem to get more and more cold with each other as mom gets more people involved- On Dads 4th visit Mom refuses children - was actually not there at all- Police call mom - mom says dad cannot have children until he treats her better. Mom and Dad had argued on thursday before that Saturday (visitation day)
Cop said that mom was being coached by BF and that she was not going to say where they were and she had intended on never letting him see the children that weekend. Mom told cops that her attorney said she didnt need to let him see them since Dad had fired his attorney-
This is situation at hand
But While Mom was in Minnesota she worked as a stripper and had a babysitter who has given a statment to Dad about Moms inability to bond and her lack of care for the two children. Sister gives statement as well about Moms incompetance and lack to make decisions and care for children as needed- Mom had an RX she never filled and gave to child. Mom was not around when baby b needed to go to the ER so Dads sister took the baby- Dad mom also took the children into the hospital b/c mom wouldnt. Mom was living with a man in Minnesota in another town and babies were with sister and babysitter.
When mom was in Texas moms 15yr old sister was caring for these medical needs babies- while mom is at school- 15 yr old sister was told by moms 18 yr old sis that she needed to stop drinking and smoking and going out- all over myspace- 18 yr old sister was taken from MOM's mother by CPS along with one other sister -
Moms Mother also is still living with man who assaulted mom where 15yr old is living.
The concern is Dad wants to go after custody once temp orders are in place and when girls are age 3 it will earier- Dad has had many many issues while with mom with violence in her family- Mom;s previous bf prior to the one now raped her oldest who is now 23 yrs old after mom sent that bf to pick up that daughter from jail- Mom;s mom beat all her daughter including mom in front of hom and Mom was half raised by grandparents who are also very hostile- Moms mom is an alcoholic-
Moms BF is 22 and divorced with 2 children and has controlling and threatening behavior and was verified by BF;s EX-WIFE-

With all dads hard work and keeping with his orders and non agressive behavior and moms lack in caring enough for babies as well as their disabiliies and weakened social skills will Dad have a shot at full custody or dad would also be happy with expanded possesion- Thur-Sun every week. Please tell me what you feel a judge should and could be most co-herent to in deciding a factor- Dad has stable job and stable home-mom has moved alot with children and left them with several people- First time Dad picked them up at 18 mos never cried when left mom-
I hope this is all readable thanks!!
 
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jbowman

Senior Member
No one is going to read "mom" and "dads" life story. This seriously needs to be edited again. Take out all unimportant info (about 98%) and ask your question. If people need info, they will ask for it.
 

jaxpink

Member
actually this is edited - sorry there is so much- but i can try and this is only since the babies were born which will all be relevant in court-

Long story short Mom has refused Dad time with kids before and after a temp agreed order- Daughters are 19 months and weigh 18 - 20 lbs (twins)
Mom has shuffled premie babies through diff states and homes- has been medical neglect by mom and mom will now not share med info with dad such as medication and which breathing med's they use in their nebulizers; there can be one of two- dad is threatened by Mom;s bf and Mom;s mother, sisters and Grandparents- Girls having med problems and need stability - mom have never provided that- dad has tried a year to see daughters and mom has refused - Dad got visitation in Sept- Made every visit- Mom refused kids last visitation- Dad wants to get ready for filing custody - right now only temp orders-
Mom's cousin and Dad's sister both have told Dad mom yells at babies in frustration and was not always bathing them - Dad;s sister and Mom;s sitter in the other state she resided in for 4 months, both prepared statements about mom's lack to care for children and her non-bonding with children-
Mom tell Dad she does not give babies Milk b/c she says it makes them congested- Dad sees that as a red flag- Dad concerned over mom;s unstability and her families violence history and drug and alcohol issues around the girls- Mom cant stick her own agreement- Dad has been willing for a year to agree to anything to see girls- Mom's attorney provided the order now that Dad is following-
Dad and Mom will be in court next year Mid January or so to begin proceeding and Dad is hopefull that full- custody is something he can obtain due to situation-
 

jbowman

Senior Member
seriously... should he go for what? Girl--come on- let's try to be a bit more clear.
 
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CJane

Senior Member
So just to be clear... there are no court orders currently for custody/visitation, but there IS an order for child support which Dad pays.

Mom has moved the kids around pretty much since birth, and Dad has moved around a bit too.

Mom and dad don't like each other.

Dad wants to know what his chances are of getting custody.

Does that pretty much sum it up?
 

jbowman

Senior Member
Ok, so who are you in the situation? Were mom and dad married? If not, has dad taken a DNA test to prove his is the father legally? I am not asking if he KNOWS he is the father, I am asking if he is legally acknowledged as father by the court.

If he is, then is there a current court order regarding custody? Does dad have visitation on paper from the court? If not, then dad needs to go to court and file to acknowledge paternity and to ask for visitation. Expect that at that time, dad will also be ordered to pay child support to mom.

If dad has some INSANE proof that mom is unfit--and by proof, I mean, LEGAL proof, then he can present it in court.

Edited to add: Cjane, it looks like you actually read her post so Kudos to you, Miss Thing :) I didnt--obviously by the questions I asked LOL.
 
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jaxpink

Member
answers for you

Dad took a DNA test when Mom's Grandmother tried to Sue Dad for CS- Dad got results and of course they are legally his-
No CS was order b/c mom hired an attorney and so the AG basically sat in background -
Mom gets SSI for the children and any money she gets she would have to tell SSA so her attorney asked for no CS at that time ( in September 07) so Mom;s money (the girls money) isnt affected- Only Visitation was agreed and judged signed off-
Now yesterday Mom's attorney asked for 200.00 in CS- maybe 1/4 of DAD;s pay but if Mom wants to keep money this all that allowed b/c Attorney General cannot Garnish mom's SSI-
So now CS is in effect and Yes dad has been declared legally the father- Mom wouldnt sign an AOP before court-
Mom and Dad never married- all Dad had was an agreement on paper notorized to share pareting that Dad wants to use in court to show that at one time she was willing and that she is not willing now b/c she is not making decisions on her own- she is doing as her family tells her and her bf tell her- BF has made every decison thus far for Mom such as her attorney when dad can see girls and tells Mom not to allow the children to dad for his court odered visitation-
A cop had to tell Mom's BF to get off the phone- he needed to speak with MOm not him-
Cop said mom was being coached by her BF is background.
Dad had pilice reports from Mom;s attempt to assault Dad while MOM was pregnant-Dad was also run off the road by Mom and mom;s boyfriend (different BF)in September 06- The County attorney has that report and Dad will need a motion for discovery to get that-
Dad had been documenting and gotten statements from two people so far that tell of mom;s incompetance and her unwillingness to bond and handle babies- at one time she brokedown and wouldnt come back for a day b/c she didnt feel she could care for the babies-
Dad gets along with Mom until her family or BF and his family step in-
 
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Just Blue

Senior Member
I think we should start posting Idaho laws for this OP...After all she insists on posting Texas law on non-Texas threads...:rolleyes:
 

tuffbrk

Senior Member
Why Bay - we're sharing the same crystal ball today! Other than that, there will be no comments from me. R-E-S-P-E-C-T...
 

CJane

Senior Member
Without a court order for custody, mom is under NO obligation AT ALL to allow Dad anywhere near the children.

Nor is she under any obligation to inform Dad of her living arrangements, the town/state/country she lives in, etc.

At ANY point, Dad could have filed for custody. He chose not to.

At ANY point, Dad could have called CPS if he felt the children were neglected/abused/in an abusive household. He chose not to.

Mom being a stripper is irrelevant.
Mom's BF being an a$$hole is irrelevant.
Mom's family being crazy is irrelevant.

Dad stands a roughly 0.000009% chance of gaining custody.
 

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