lodle
06-24-2005, 06:45 AM
I live in Texas and have a Family Law issue that I am trying to deal with on my own. I need any links, information, books or just and answer on the procedural breakdown of Family law in Texas (Kaufman County). There has to be something out there that falls under this category. Just a simple 1st this then this, then this and so on. PLEASE HELP!!!!!!!!
ACc083
06-24-2005, 08:34 AM
Specifically, what type of procedural information are you looking for? There are online sites that offer legal forms and documents, but some issues can be difficult to present in contract without the proper "know-how." Let me know...
lodle
06-24-2005, 09:22 PM
I have been married 2x and I was recently falsely accused of
>abusing my 13 year old son from my first marriage. My second ex-wife found
>out about these allegations and took me to court to have my visitation
>with my 4 year old twins changed to supervised visitation. She won. The
>courts ordered that a social study be done on both my home and that of my
>second ex-wife and I now have supervised visitation every Wed. 6-8 and
>every OTHER Sat. 10-3 with my ex being the supervisor (how confusing is it
>for my children that their mother and my fiance are both there during my
>visit?). Before the social study was done, I was NO BILLED by a Grand Jury
>regarding the false allegations that my 13 year old son made. Now, the
>social worker that came out regarding my 4 year olds found reason to
>believe that this happened even though the Grand Jury did not believe that
>it did and she did not believe my witnesses that were present on the night
>in question. I am not sure when I will be going back to court to find out
>if they are going to take the social workers report into consideration. I
>need some help in this matter PLEASE. I don't hav e any money to give up
>front but I am willing to spend the rest of my life paying out services
>that are given to me. Just for the record, my second ex-wife has been
>trying to keep me from my 4 year olds since the beginning of our
>separation. IN our temporary divorce decree my ex had it to where my
>girlfriend, now fiance, was not allowed around the children until the
>final divorce so my visits were cut short. She has even gone to the extent
>of offering me $10,000 to disappear from their lives which I have a tape
>of this conversation but am not sure if it is allowed in court. I DID NOT
>BEAT MY CHILD. A Grand Jury believed this why won't a social worker?
>Please help I miss my children terribly. Why are they telling all these
>lies about me and how can I stop it? My 2nd ex wife even had all of her
>friends write to the social worker and tell her that I am a bad father. I
>don't even know these people so how would they know how I am with my
>children? I have lots of video tape though showing how my children latch
>onto me and hold on for dear life every time they see me.
My 2nd ex has now stopped my visitation and had a motion issued for a TRO to have me tested by a mental health professional. Depending on the outcome of the testing, I could be allowed to see my kids without supervision or be forever in this supervised visitation hell hole. I need to know what I can do, procedurally, to counter act this. I have already filed a motion for contempt based on her not letting me see the kids. Are there any other motions, notices I can play here? I need some kind of outline for what is ok to do and what is not.
elklaw
07-07-2005, 06:56 AM
On a practical note, you want to look for the Texas Rules of Criminal Procedure and the Texas Rules of Evidence and Texas Rules of Court, which apply to state courts state-wide, but some counties also have county rules to supplement the state rules. In your case, the Texas Rules of Court and Texas Rules of Evidence may be more relevant. Also, you need to ask the investigating people what statute they are using to investigate you, then locate that statute in the Texas Code to see what they are looking for. The Texas code is huge, so you should ask for a specific statute.
If you are trying to defend yourself, I suggest that you get legal counsel. On a practical note, it sounds like you need to file a motion for contempt with the court that is handling custody and in it tell them that the mother does not want you in the child's life and is making it impossible for you because you did not accept money to go away and stay away, so now she is calling you an abuser, or implying you have mental problems, and making you look bad. Ask the court to issue a contempt citation and to issue sanctions in terms of having her pay the state or the court a fine for bringing baseless charges against you, and also seek restoration of custody rights to you along with a proviso that you can pursue sole custody if this kind of behavior continues.
If you cannot afford an attorney, I suggest that you do the motion for contempt or motion to show cause as to contempt on your own even if you have to write it out, though typing it out is preferable.