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Geographical restriction and sole custody Texas

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  • Geographical restriction and sole custody Texas

    Hello,

    To try and make a long story short. My ex and I have two children together. Ages 2 and 4. He stalks me, harrases me, my friends, family, co workers, and so forth. My children have been kicked out of their christian daycare because he made the staff feel threatened. He has hit me when we were together. He has threatened to hurt and kill me and has threatened my family members. He and I agreed on joint custody of our two kids back in 2007. I should have never done that however, at the time I thought that it was best for our kids to have both their parents in their lifes, and that their father's and I's relationship has nothing to do with them. Their father has went against everything in the court order we have. I mean everything.. Not to metion he has illegally claimed both kids on his taxes. He has followed me to work over the last two years and had me fired from at least 7 jobs. While I attened school he showed up there too.. I do not have the money to go to court. I was working in the Medical field for sometime now however, I was getting help with childcare from a program here in Texas. Now that I do not have a job I lost both my childcare and my car and we are living with and off of my grandparents who can not afford it. He pays child support whenever he wants and makes between 25 and 45 dollars an hour, depending on the time of year. He is only required to pay 185.00 a month total because at the time of paper work, he was not working. He is also self employed. He tells my kids that I do not love them, and that I am a **** and a *****. I am scared that he is going to kill me one day.. I know that sounds over the top but that is truly how I feel. If not that he will take my kids and run. Recently I he was working out of town for a month or so and I asked him if we could agree to a modification for our arrangement he said no and I told him I am sorry but we will be going back to court then. I had been offered a job elsewhere and I could get childcare at a very good rate. Like $85 a month!! That is unheard of. Anyways he wasn't even seeing the kids when he was gone.. He drove back to the city we live in and had his step mother who is a well known lawyer (whom he has punched twice in the face and she made a report about it with a witness) serve me with papers. We went to court and he lied saying I was running off with my kids against court order. (I have a geographical restriction stating I can not remove my kids from Bexar County.) After 5 mins of hearing partial sides of the story the judge simply said there is more to the story, schedule a longer hearing. Needless to say I had a temp. order to not leave for any reason from our city until the case was over.. Their father never filed for us to go back to court. Thats when he took the kids and I's money from our tax return. This way I could not afford to get into court.. What can I do? If I do leave to make money is it kidnapping? What can happen??

    Anyone work probono?? I need help!

    He recently threaten to "knock the **** out of me next time he saw me"! Which is when we do pick ups and drop offs for our kids. He also stated that he will not let me leave with our kids no matter what and he garaunted it. I asked him " and if a judge says we can??!!" He repeated himself.. Sense then I have not let him see or talk with our kids. I am scared he may hurt me or take the kids and run... It has been over a month and he is getting angry... This is when he does his dirty work...

    Help please!
    Last edited by christines64; 05-18-2009, 06:29 PM.

  • #2
    Document the abusive and harrassing behaviors. Save everything, text messages, phone messages, e-mails, and have witnesses whenever possible. Although your relationship is in turmoil does not mean a judge is going to take the kids away from their father. You can show that you are endangered by "co-parenting" with him but he may still get to see the kids. YOU NEED TO BE ABLE TO PROVE THIS WITH EVIDENCE. Contact your local social services department or the court house, they may be able to direct you to local legal aid. This is little or no cost to you. At least in the state that I live in you can request a review for child support six months after the initial order was placed. I would request that review. Are receiving state aid and are they helping enforce the order? If so your child support worker can help you with this review.
    Follow the court order even if he is not. You must stay there until a judge says other wise.
    Last edited by Kris23; 05-19-2009, 07:27 AM.

    Comment


    • #3
      Geographical Restriction

      Originally posted by Kris23 View Post
      Document the abusive and harrassing behaviors. Save everything, text messages, phone messages, e-mails, and have witnesses whenever possible. Although your relationship is in turmoil does not mean a judge is going to take the kids away from their father. You can show that you are endangered by "co-parenting" with him but he may still get to see the kids. YOU NEED TO BE ABLE TO PROVE THIS WITH EVIDENCE. Contact your local social services department or the court house, they may be able to direct you to local legal aid. This is little or no cost to you. At least in the state that I live in you can request a review for child support six months after the initial order was placed. I would request that review. Are receiving state aid and are they helping enforce the order? If so your child support worker can help you with this review.
      Follow the court order even if he is not. You must stay there until a judge says other wise.

      Hello,

      Thank you for your advice. I was hoping I could get sole custody and their father still get rights to the kids, if he took anger mang. classes or something. He has already kicked my son for smashing his brothers fingers in the door. I can not prove it because my son told me and I hear everyone screaming when I went to pick them up. My four year old told me his dad kicked him and that it scared him and that it hurt. His dad later addmited to it. As far as getting the geographical restriction removed do I have a shot at that? That way I can at least keep a job and feel safe? The boys still get to see their dad. It would just be for lump sum days instead of monthly... I don't know what to do. I have been on the legal aid list twice in the last three years. We are going threw the state for child support however, you have to wait three years before they will review the history. Other wise you have to pay a lawyer to do it on your own. I have about
      reports of visitation violations, harrasement, stalking, threatening and god knows what else.. I also have letters from former employers and people I worked with , and the person who ran the pastor who ran the daycare my kids were kicked out of. All of them state that he is capable of doing harm and that he was the reason of all the lost jobs and my kids leaving the daycare. Not my kids and not me.. I am trying to start my own business however people in Texas know me because of my situation. I am a good worker, in fact I have received a few recommendation letters from them. But Doctors talk and people are scared to hire me because they are scared and dont know what their father is capable of.. They said they have to keep their staff safe.

      So in short.. For the time he would pay child support I would like to up it to the appropriate amount and if not anything else... I would like the restriction removed so that I can have a stable life for my boys. I have a clean record and I have been offered extremely high paying jobs in my field in at least three other states.. I don't even care if I had to pay their plan tickets.. I need a job... I need a car... The kids need school and a stable life where we can have our own place.. It not right that I have a good education and the ability to afford a good life for our kids but yet he can just do whatever he wants to keep me here. I have even worked with the CRT Team and a psychologist that both say that him not wanting the restriction removed is because of me and not the kids...

      Comment


      • #4
        Most judges will require more then letters from the people that you listed to be considered evidence. If he had a laywer it would be as simple as objecting on thr grounds of hear say. When it comes time for an evidentary hearing those people need to be present so they can be questioned by all parties thats the only way they will be heard.
        Did the judge rule for another hearing? If so then all you should have to do is call your clerk of courts to get on the roster. You can make oral motions at the hearing (like moving) etc. but I would also file written motions. It honestly sounds like too big of a job to go pro se, you need a lawyer.
        Sorry I cant be much help but you really need more assistance then my limited experience can give you.

        Comment


        • #5
          Thank you!!

          Comment


          • #6
            Start searching your area for organizations who help abused women. Google it on the internet. There are many, many groups out there who will help you find employment, get daycare, be protected and help with legal aid.

            http://www.helpabusedwomen.org/

            http://www.ndvh.org/

            http://www.laawstl.org/

            Group in Texas
            http://www.aardvarc.org/dv/states/txdv.shtml

            It took me two minutes to find these links just by doing Google searches... there are MANY many groups out there to help...

            Best wishes,
            Amy

            Comment

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