We finally go to court monday to finalize this passport issue.
The history here:
http://www.laborlawtalk.com/showthread.php?t=185095
http://www.laborlawtalk.com/showthread.php?t=183712
And it started like this --- http://www.laborlawtalk.com/showthread.php?t=171350

He has not answered anything since ,he found out that we are really going to court.He thought all he had to do was just say no. He has not seen her in over 2 1/2 years now , she is getting ready to be 7 .

He is in contempt of court on so many levels ie:
1. not allowing ANY contact between myself and the 2 older ones.

2. not showing up 3 times for my daughters visitation after we had to drive 150 miles one way ( completely documented with the court )

3.Refusing to answer the phone ( documented in phone records I copied )

4.The blackmail threats left by SMS on my cell listing what and how and who he would be sending the embarrassing info to( yes I saved them ).

5.Refuses all certified letters/packages I have sent to him informing him of decisions I have had to make that he is supposed to be made aware of and packages to the two older kids ( lawyer has all refused tickets,still on the letters and packages )
and much more.
He is not required to pay CS .
There is no contact at all

I am really tired and tired of playing the court game .
I would like to know if it were any of you , would you ,after the passport issue is over , file for sole custody or wait. My husbands company is really REALLY wanting to transfer him out of Texas raise his pay alot , resulting in an excellent quality of life ,, not that it isnt now.
Lawyer has given me 2 choices, modify to move out of state or go for full custody. I know I have to make up my mind myself , just wanted to hear some other views . My husband would really like to adopt her,she thought she already had been adopted by him , bless her ,, but I dont know if it can be done at this stage,, I mean ,, I am wondering if it would take more years of non contact from her bio dad ,
I cant live like this for the rest of her childhood ,

It's probably best to wait and see how this hearing turns out, before filing for custody.

How many times has your ex been found in contempt for refusing to allow visitations?

Hi and thanks as always for your response.
First in answer to the question, no times,, this has been saved up over a 2 1/2 year period. he has privately made it very clear what will happen to me if I

1. Cost him a cent
2. Make him go before the judge .
The Judge has no idea this has been going on at all , he does know from all attys - mine , his and the kids, that he is really difficult to deal with but that is really all he knows.
It is OK when I am in public with the attys , the judge ,but after they are all gone , that is when the fun starts . He loves to retaliate in very creative ,effective ways,devotes a great deal of time to it when he feels he has been crossed and has ruined more lives than just mine . I really do have good reason to be fearful and unforunately it is nothing that a restraining order than do . He uses touch free methods.

So I havent pushed the contempt in court at all I really have been just too afraid.I just quietly kept all records , letters from the sherriff in the town we are supposed to meet in , etc..and Finally the lack of freedom pushed me to just buck up and do it, there is no reason why after 2 1/2 years of no contact that we shouldnt be free to travel ( or at least that is what I have to tell myself to get brave )My husband being from europe could afford her so many great opportunities , to see,do and experience. Not to mention just plain wekend trips to Mexico and the Caymans .Just basic fun stuff to do. We dont live too far so they are fairly cheap weekend trips.

I am thinking to wait 1 year after this is over if I file for sole custody. I am not sure what I would have to prove .

I am wondering if I did get sole custody , would I have to still obtain permission from him to leave Texas for the job offer in the other state, I am trying to save as much time and money as I can by not needlessly filing motions and going to court, if sole custody would accomplish both .


I have been VERY good and have followed all custody orders to the letter, I have wanted to earn this passport for my daughter and more freedom for all of us very badly.
I am ashamed to say that after all this time , I am still afraid of making him mad on Monday,IF he even shows ,, it is 300 miles.

Hi and thanks as always for your response.
First in answer to the question, no times,, this has been saved up over a 2 1/2 year period. he has privately made it very clear what will happen to me if I

1. Cost him a cent
2. Make him go before the judge .
The Judge has no idea this has been going on at all , he does know from all attys - mine , his and the kids, that he is really difficult to deal with but that is really all he knows.
It is OK when I am in public with the attys , the judge ,but after they are all gone , that is when the fun starts . He loves to retaliate in very creative ,effective ways,devotes a great deal of time to it when he feels he has been crossed and has ruined more lives than just mine . I really do have good reason to be fearful and unforunately it is nothing that a restraining order than do . He uses touch free methods.

So I havent pushed the contempt in court at all I really have been just too afraid.I just quietly kept all records , letters from the sherriff in the town we are supposed to meet in , etc..and Finally the lack of freedom pushed me to just buck up and do it, there is no reason why after 2 1/2 years of no contact that we shouldnt be free to travel ( or at least that is what I have to tell myself to get brave )My husband being from europe could afford her so many great opportunities , to see,do and experience. Not to mention just plain wekend trips to Mexico and the Caymans .Just basic fun stuff to do. We dont live too far so they are fairly cheap weekend trips.

I am thinking to wait 1 year after this is over if I file for sole custody. I am not sure what I would have to prove .

I am wondering if I did get sole custody , would I have to still obtain permission from him to leave Texas for the job offer in the other state, I am trying to save as much time and money as I can by not needlessly filing motions and going to court, if sole custody would accomplish both .


I have been VERY good and have followed all custody orders to the letter, I have wanted to earn this passport for my daughter and more freedom for all of us very badly.
I am ashamed to say that after all this time , I am still afraid of making him mad on Monday,IF he even shows ,, it is 300 miles.

It will help your custody case if you file for contempt for denied visits on a regular basis. Doing that will show the court how many times the CP has refused to follow the court order.

Can I do this myself, or do I have to have a lawyer do it .
If I can do it , I will .
Do I attach copies ,of my proof or just file .

As it stands now we are paying the lawyer 100.00 every paycheck,and have for months and he is a royal jackass on top of it and we dont have the start money for a new one ,,, he is not angry with me , that is just his personality .

If I can do of any of this on my own I will

Can I do this myself, or do I have to have a lawyer do it .
If I can do it , I will .
Do I attach copies ,of my proof or just file .

As it stands now we are paying the lawyer 100.00 every paycheck,and have for months and he is a royal jackass on top of it and we dont have the start money for a new one ,,, he is not angry with me , that is just his personality .

If I can do of any of this on my own I will

Yes, you can do this on your own, but you'll have to really read up on your state's laws and rules of court procedures. You can Google those most of the time.