custody

Jonnie - posted on 08/21/2015 ( 28 moms have responded )

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a judgment was made today. This judgment placed children into a home where my oldest son has stated if if he is made to live with his father that he is going to kill his self. As a day a judge has placed both of my children in the home that they do not want to be in based upon lies. I am a pro se in my case cannot afford an attorney but my husband ex husband is represented by fathers for equal rights and in the state of Texas if it seems that if you have a fathers for equal rights attorney or you can afford an attorney you always have the upper hand. All I have to ask now is when my son does commit suicide and killed his self who is going to be held responsible judge Regina Moore out of Dallas County or his father or myself for not being able to afford an attorney to fight this case for me. I have done everything that Court has requested I have pass drug test matthew has passed drug test my home has three bedrooms one for the girls one for the boys and one for Matthew and I they each have their own place to sleep. However living with their father they have a three bedroom home one for the father one for the father's brother and one for three children at 12 year old girl a 13 year old boy and a nine year old girl to share one room. they are allowed around Lisa father's girlfriend who physically and mentally abuses them despite what Family Court Services said and counselors that the judge ordered the children to go to has said she has turned around and gave him temporary sole custody with me having a standard visitation. Where is the justice in this world are we teaching children that you can lie and get away with things are we teaching our children that the justice system as a failure For everybody involved. Now I sit and wait for the phone call that my son has committed suicide due to judge Regina Moore placing them in the home with Eric Stone. Eric Stone has stated that as of September 1st his girlfriend Lisa is to be moving out of the home and let the children will no longer be exposed to them over the last 5 years Eric and Lisa has separated several occasions and always gotten back together. Eric Stone has made promises to my son within the last 2 weeks that if he moves home with his father that he promises to do more things with him he promises to buy him things but as in the past Eric has made these promises kept them up for a couple weeks and then stopped. Is there anybody out there that actually believes in the justice system and that this is wrong I've been fighting this man since 2004. there has been lies After lies and allegations after allegations made by the father there is total of maybe a hundred and fifty so mod Cps reports made by the father and I always are unfounded good during one of the allegations he was able to get custody during the Investigation. In this world are just this is Stone are police are everything that revolves around what makes the law is teaching our children that is okay to lie that is okay to lie to get what you want it is ok to cause problems and to throw people in jail and do whatever so that you can get what you want. if there is anybody out there that can help me being a mom of two children full at home and who told her and I'm fighting to take from their father dumb from being exposed to everything that's been going on somebody please step up and help me because I don't know what to do I can't pay twenty thousand dollars upfront for an attorney because of this case. I have made mistakes in my life but none of them have ever took my children and harm none of them have ever cuz my child to say I'm going to kill myself if I made to look like my father. I am so lost on what to do to save my children to save my son before he does kill his self. my life is in the stretches hands at this point and so is my children and I pray to God that my son does not do when he is stated not only to Cps not only to his mother not only two friends that the family not only to his siblings but to everybody including the judge..

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Jonnie - posted on 08/21/2015

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I am doing that and thank you. I will continue all efforts to protect my children from him. And as for his 9 year old daughter he gave her to her mother and sees her when he can to keep her from helping me. That is the deal they have. I have tried over and over to get her to step forward and because she has her daughter and she dors not have to deal with him sge stays out of it.

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♫ Shawnn ♪♫♫ - posted on 08/25/2015

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First of all, continuing to fully mention the name of the attorneys and judicial officials involved in your personal case, and using libelous or slanderous remarks in direct reference to them can be used against YOU if it is found. You are on an public, OPEN internet forum. You really need to watch what you say.

Second, in the US, the judicial order is the FINAL say. CPS does not overrule a judicial order. CPS can apply for an amendment, and if there is sufficient proof, the courts will consider it, but CPS doesn't write or enforce the law, they are an agency, just like the attorneys. If they have proof of abuse, then they will get a removal order from a judge, and THEY will remove the children. They won't tell you to go get the kids.

Third, if you have tried self representation, and are not happy with your results, you DO have the option of retaining an attorney. There are SEVERAL options for this, and they aren't all that overly expensive. For example, the family attorney my husband and I use charges on a case by case basis, and has a sliding fee scale, as well as a very workable payment schedule. There's NO REASON that you cannot find similar in the state of Texas.

Fourth: No one is doing research for you on this forum. Whatever HAS been looked up has been done so in an effort to get you to realize that, not only is this forum PUBLIC, but there are accesses to ALL PUBLIC RECORDS. Apparently the Judge that you are maligning here doesn't even really handle those types of cases, according to that quick search. I'm referring here to your question "has any of you done the research on the judge as well". It's not OUR place to do YOUR research.

Fifth, and finally: You state:"The fact that both judges are advocates for fathers for equal rights should disqualify for either judge to be over mine or any case that has a party being represented by father for equal rights groups". Since I'm not going to be the first to say this, I won't apologize for being blunt: Honey, it matters not whether or not the judges personally agree or advocate for father's rights. THE LAW IS WHAT STATES FATHERS HAVE RIGHTS, AND IT'S ABOUT DAMNED TIME THEY WERE RECOGNIZED.

You, as the mother, also have rights: You have the right to spend time with, and raise your child (same as father). You have the right to support your child (same as the father). You have the right to request an attorney, and to request that a GAL be assigned for your children. A GAL is assigned and paid by the courts in this regard, and will be the CHILDREN'S legal representative. If you have not gotten an attorney, that is not anyone else's problem but your own. If you have not requested a GAL for your children, again...I suggest you do so.

Stop trying to make us 'see the light' of your ex's behaviour. Your time would be better filled looking for an attorney that will work for what you can pay him, requesting a GAL for your children, and refreshing yourself on exactly what RIGHTS each of you has, parentally.

Jodi - posted on 08/25/2015

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"The fact that both judges are advocates for fathers for equal rights should disqualify"

Let's just get this straight now. The LAW is an advocate for equal father's rights. Fathers DO have and SHOULD have equal rights. If you don't have evidence that abuse is taking place, then the judges aren't doing anything wrong. You really should have gotten yourself a lawyer or had the court appoint a child's advocate.

"In Texas CPS can't over rule a court order and remove the children this is what I was told."

Who told you this? if children are being abused, and there is evidence of that, they can get emergency orders to do just that.

"Jodi like i stated i understand what u have found in ur research"

That wasn't me.......

Jonnie - posted on 08/25/2015

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Okay before anyone takes my messages as being defensive i am asking questions just as i am answering them as well.

Jonnie - posted on 08/25/2015

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Sarah one question have u personally been through a custody case? Are you an attorney?

Jonnie - posted on 08/25/2015

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Jodi this was in 2010. There was an open CPS where my ex filed a police report that i gave my son a black eye. During the investigation they stayed with him. At yhe end of the investigation they found that my son had fallen while skate boarding but by the end of all this i was without an attorney due to the fact i was out of money. CPS that i did not do it yhe police dropped the endangerment to a child that my ex tried to have me charged with. I am finding money is what wins a court battle not what is vest for the child.

Jonnie - posted on 08/25/2015

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Jodi there is a limit to what a pro se person can do. In a divorce in texas u can represent urself. In my case the divorce was over in 2008 this is just a custody case at this point. The children spoke out to their school counselor and the school counselor contacted cps in regards to the physical abuse in the fathers home by not just the father but also by the father's girlfriend. I filed a TRO and took them from the hone CPS closed the case on the father based on the fact that i removed them from the home as CPS advised me to do. In Texas CPS can't over rule a court order and remove the children this is what I was told. Yes there is a lot of research that i did on the internet and in law books about being pro se but once u step in that court trust me it is completely different. The other parties attorney has spoke out while i was speaking to argue against what i say no matter what it is when i object and just i had go reason to i have been told that i need to keep quite until my turn. No explanation on what she was saying just trying to object to hear say. Jodi like i stated i understand what u have found in ur research because i did the same before and during and over and over in the passed 13 years of this case. I have filed an appeal in this case back on july 7th i am still trying to get a court date set but here is the catch to an appeal it has to be filed and held 10 days after a judgement is given. Before anyone ask yes i have gone in person to speak with the court clerk i have called and still have not been aloud to speak with her nor has she returned my phone calls. When i went in person i set for 3 hours waiting to speak with her before i was tild she requested that they take a message and that she would call me with a date, nothing. .

Jonnie - posted on 08/25/2015

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Has any of u also done the research on the judges as well? I am not the only mother of judge regina moore or judge lopez's court that has had this issue that i am facing. The fact that both judges are advocates for fathers for equal rights should disqualify for either judge to be over mine or any case that has a party being represented by father for equal rights groups. I am not the only mother that feels this way and there are some fathers that are going through the same issue for the fact that the mother is using father for equal rights as well.

Sarah - posted on 08/23/2015

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Oh I found lots, and lots. Public records are at your fingertips. I have some questions that I wish Joannie would answer:
When were the kids removed from your home and put with their father? Why?

Dove - posted on 08/23/2015

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Wow Sarah. You can find all that out? You good at this search thingy.... ;)

Sarah - posted on 08/23/2015

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This thread is long and complicated and I may have missed a few things:
First, pro se does not mean you cannot give testimony or present evidence in your favor, you are not rendered silent because you can't afford an attorney. Did you have a mediator at any time? Did the kids have a Guardian Ad Litem? In cases of domestic abuse, at least from the research I found, you can't represent yourself in the divorce.
Under Texas Family Law Code (71.004) it states victims of abuse should have separate representation and to call the number 1 (800) 799-SAFE (1-800-799-7233).
How does 150 unfounded CPS cases come into you losing your kids? Why were you drug tested at all? Who is Matthew?
Like Jodi and Shawnn point out, there is a piece or pieces missing from the story. It just doesn't add up.
Also, the judge you named (Regina Moore) is the Associate judge of the district. I fyou feel your case was not handles fairly reach out to the 256th District Court: District Judge David Lopez.

Jodi - posted on 08/21/2015

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But abuse against the mother (or the ex) is not evidence of why someone is not a good father anyway.

Jonnie - posted on 08/21/2015

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Ok the mother is not the child. Lets see if i can reword this. The mother of the other child went through the same abuse and when she walked away. The mother and my ex made the agreement not the child.

Jodi - posted on 08/21/2015

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No, I did understand that. I'm just not sure why you are using the 9 year old to help you, and what contact you have had with this 9 year old to know what she would even say.

Jonnie - posted on 08/21/2015

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Ok maybe u misunderstood what i ment he agreed to let the other mother to have her daughter under the agreement that she will not go against him in court and help me. Her leverage is that as long as she does not speak up that he gets to see her no custody no child support. He only sees her once a month.

Jodi - posted on 08/21/2015

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I believe there is more to it as well.

And Shawnn has a good point. Why would he be trying to keep his 9 year old away from you? You shouldn't be having anything to do with the 9 year old anyway. Maybe she has custody of the 9 year old because there is too much turmoil around your children and family? I know I wouldn't want my kids exposed to any of that.

♫ Shawnn ♪♫♫ - posted on 08/21/2015

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I am getting a strong sense of 'more to this story. In addition, what would his 9 YO daughter from a different relationship have to do with you? "He gave her to her mother and sees her when he can keep her from helping me". Your posts make little sense.

Jodi - posted on 08/21/2015

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I think you are going to have to work hard and save hard for that lawyer. I am not a lawyer, but have had some legal studies training, which I guess is why I am asking the questions. I am also in Australia - so the laws are different.

In the meantime, I strongly recommend that when you have your time, you make sure the children see a child psychologist to support them, and that you make notes and diarise any conversations, photograph any evidence and hang in there.

Jonnie - posted on 08/21/2015

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My son and daughter both have spoke out on the abuse from their father and his girlfriend. Yes they have been speaking out for years. In this case he cant hit me anymore but he can use my children to hurt me over and over.
Are you an attorney cause if so i can give u the case file number and u will be able to review urself of all the accusations from his side and mine from my side. All mine have been in the last five years defending my children that are punching bags to drunks.

Jodi - posted on 08/21/2015

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Actually, no, in a divorce, there are two people involved, and therefore two people responsible. The blame should not go to one person.

I'm sorry, but I believe there is more to this story.

As I said earlier, you have visitation - use it wisely and productively.

Has your son ever elaborated on WHY he can't live with his dad?

Jonnie - posted on 08/21/2015

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Never claim to be a perfect parent but in reality in a divorce who is someone is always to blame. I only have two children involved in this divorce. I made a mistake in 2010 of being a single mom and having a room mate. Here is what got me my room mate had a boyfriend which i never thought anything of cause she had children cime to find out he was a registered sex offender. Once i was told i removed them all from my homr but not before my exhusband was informed. He took me to court and in the process of the investigation he was given temp custody till i proved they were completely out of my home. I was cleared of everything. No i dont speak bad of the father i choice not to speak of him at all especially in front of my children. It is not my children's fault that i choose who their father was. Its not their fault their father abused me therefore its not fair to them to speak of him with them. The childrens father trashes me and everyone on my side of the family over and over. He has told my children for years that matt my boyfriend and i do drugs. I have taken 25 hair test and never failed one not one. In 13 years the words that needed to be said ti my ex has been in court or from him when he made threats in front of the children. He has promised my children that i would die before he let me get custody of them and this was told by the children to a school counselor why the children are living with him. His girl friend (65 years old) and him have money and have paid their way out of all this.

Jodi - posted on 08/21/2015

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The only thing I can think of is that there are indications that you may have coached and encouraged your children to alienate their father. Did the judge speak to the children directly?

I think you need to ask yourself if you have always been supportive of the relationship between your children and their father, or are there indications that you have discouraged that relationship? If there was any evidence, even a little bit, that you have spoken poorly of their father to the children, including encouraging your son in his belief that he could never live there or he would kill himself, then that could be a deal breaker. I also find it very difficult to believe that the judge would have ruled this way if you had been the model parent for all these years.

BTW, who is Matthew, and why have you been subjected to drug tests?

There are generally reasons people fight over children for 11 years (which kind of confuses me, because you are talking about a 9 year old girl here too), and none of it is about the kids. You clearly have a history, and so does he. Noone here can answer why the children were given to their father, but you can't tell me that in all those 11 years, you have not been badmouthing the father to your children if this is the battle that has been fought........

Someone has to stop and take the high road. Which one of you will it be?

Jonnie - posted on 08/21/2015

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No evdience given by the other side just an attorney to argue the point that a pro se person cant

Jonnie - posted on 08/21/2015

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First of all the judge would not give me reason to why the decision for the fact i am pro se. Second my ex husband has from dad o ne tried to run with my children. He will not allow me to speak with them while he has them. Sitting and trying to locate an attorney is all i can do. Being a pro se attorney now days is what every attorney will tell u is an advantage for the other side. There is no justice for anything at this point

Jodi - posted on 08/21/2015

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Disregarded? Or was there evidence to the contrary?

I think you need to look at the written judgement and state what has been written in that. You have merely told us your emotive and subjective side of what has happened here. A judge would not generally disregard such evidence as potential suicide if this were to happen. In the judgement, there would be something written as to why the judge awarded the children to your ex.

There are often two sides to every story, and somewhere in the middle is the truth.

It concerns me that in response to this judgement, you are sitting by the phone and waiting for a call that your son has suicided, rather than trying to support him on the new living arrangements and helping him focus on it positively. I'm assuming you have some level of visitation or custody. Use it constructively.

Jonnie - posted on 08/21/2015

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He is. I placed him in counseling and the counselor gave his recommendation to the court and it was disregarded. The family court services counselor was also disregarded

Jodi - posted on 08/21/2015

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Why is your son not in counselling if those are the things he is saying?

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