custody while childs father is incarcerated...

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kimmyers1217

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i hope someone can help me, this is a long story...
i left my sons father 2 1/2 years ago. he has been nothing but problems for me since. he has recently been sentenced to 3 years TDC for injury to a child. his original conviction was for indecency with minor. to make a long story short and leave out some details. in 2005 he inappropriately touched my 6 year old niece. he lied to me about it and i chose to believe him. it took the courts 2 years to put him on probation for 5 years, also lessoning the charge from indecency to injury. so in 2007 he got put on probation. after being put on probation he admitted to me that he did touch my neice, so i had to leave. June or July of 2009 i filed for child support because of some problems we were having concerning visitation, thinking it would help me. but it didnt. now he has a court ordered visitation rights. since then it has been brought to my attention that he is in denial of what he did. he led me to believe that he was sorry and was getting help, that was a lie. recently he went to jail for violating his probation in December of 2009. February of 2010 he got sentenced to 3 years in TDC. I would like to get full custody of my child so he cannot get out of jail and keep coming in and out of my sons life. he is a substance abuser, and plays mind games with me and my son. my son is amazing and deserves better than his dad can offer. what are my options? what can I do? and i dont have a lot of money to hire an attorney. i have done a lot of research and think i can represent myself. i just want a attorney to review what i have before i file anything. is that possible? and how much would it cost if so? any help would be appreciated.
 
Call a couple of attorneys in your area and ask them for estimates on costs to represent you.

From what you say, you might be able to obtain sole custody. You won't have to worry about him for a couple of years anyway.


You can also call CPS and ask them what your options are in cases such as yours. Reach out to local child abuse agencies, and ask them if they could offer you ideas and help.

Sent from my iPhone using Tapatalk
 
ok. so you dont think that i would be able to pursue this on my own? do you think that there is a chance that he will get out sooner than 3 years? i dont understand how the system works. he was on probation for 2 years and was still in and out of jail for violating his probation. i think they just got tired of him. anyway, i am scared to death of him, that is why i waited until i knew he would be in jail for a while, long enough to give me time to figure something out. but now im scared if i start to do this that he will get out sooner than i think. and i am scared of what he might do if he knew i was trying to get full custody.
 
If you don't understand how the system works, why would you assume you could handle this on your own?

And yes, with the crowded prison system, many get out earlier and don't serve their full prison term.

Gail
 
i know, i was just hoping that it would be an easy process. i dont have a lot of money to pay for a lawyer. im planning on getting a lawyer and hoping to find one that will accept a little up front and a payment plan for the rest. i dont want this to be a long drug out process....
 
So this man was convicted of a crime against a child? With that said he probably should never has unsupervised visits. Also this is a case where you MIGHT be able to terminate his rights but you need to talk to an attorney. I would not bother seeking any money from him he is locked up anyways and the more you chase him for money they more he will want to see the child. For now as long as he is locked up, you really do not have to do anything. When he gets out then you worry.

It does sound like though he was not convicted of a sex crime? Big mistake in believing him over your neice..most child molesters do not ever admit to doing it but if he is not labeled a sex offender when he gets out, he may molest again.
 
i know and that is what worries me. after he admitted to me what he did, he told me he was seeking counseling through his probation, he wasnt doing drugs, he was truly sorry for his actions. then one day it got brought up in an argument and he acted like i made the whole thing up. he said he never admitted it to me and i made up that story. not true, we even went to counseling together after he admitted it to me. anyway, then i began investigating how i could keep my son from him for his protection. he has emotionally traumatized me through all of this and i do not want him to scar my child in the same way. i then found out through the district court and public information that he got kicked out of his counseling for not cooperating with instructor and was said to still be in denial. also his probation had been revoked twice for failing drug tests and i was never even made aware he was in jail. i cannot trust him at all, much less with my son. everyone keeps saying he is in jail so i have nothing to worry about. but i am terrified of this person and if i dont do anything while he is in jail, then i will be tooo scared to do anything when he gets out. isnt it easier if he is in jail, because he will have to show in court, right?
 
You can sign up for this website.
They will notify you of when this scalawag gets released.

https://www.vinelink.com/vinelink/initMap.do


The TDCJ has a website that you can monitor his whereabouts, when he gets transferred there.
It gets a lot of use, so be patient.
It will give you his projected release date and where he is being held.

http://www.tdcj.state.tx.us/redirect.htm

You can write to parole in Austin.
You can write letters arguing against his release.
They do listen.
They will correspond with you.

Each county in Texas has, by law, a victim's advocate.
Please get in touch with the one in your county.
The sheriff's office or the DA can provide you with the contact details for them
They will help.
Contact them ASAP, and they can work with you to protect you and your child.
Avoid all contact with this sexual deviate and predator.
Good luck!!!
 
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he does not have to register as a sex offender because the charges were lessened to injury to a child. and i have tried to talk to the victims advocate and they say they are there for the 'victim' and i am not the victim.... but thank you for the info.
 
my problem is that i stayed with him for 2 years after the accusations were made because i chose to believe him, which i now know was stupid and a mistake that i now live with. but after he admitted it to me i left him, and again i was stupid to let my son still see him. this man is very manipulative and i am apparently not smart enough to see through his lies. so for 2 years i have been going out of my way to make sure that my son kept a relationship with his father. recently, like i believe i said before, we got into an argument about something and it got brought up about him lieing to me about all of this and he actually acted like he didnt know what i was talking about. i dont know why but that was the last straw for me, that showed me just how crazy he was. up until then i had always given him the benefit of the doubt. that was the point that i stopped trusting him with my son. to me, if he is in denial or thinks he did nothing wrong, then who is to say he isnt still doing something wrong to his own neice, who is the same age as my neice, and who he lives with when he isnt in jail. my problem is getting this information to a judge that will understand my perspective and agree that this man is not a person that should be able to affect a childs developmental behavior or emotional development. he should not have an influence on any childs upbringing. how can i make that happen? and any suggestions on some lawyers that might work with me on a payment plan? thank you all for your tips, suggestions, and information up to this point.
 
You could write a letter to the court.
In your letter, tell everything you think the court should know.

You can also write a letter to the parole board.
They are in Austin.
You should tell all that you know about the criminality of this person.

You could also write a letter to the prosecutor.
In fact, write one letter and send it to all three people.
 
this may help for him to serve his full sentence. but what could i do to get sole custody so that whenever he does get out of jail he cannot influence my child any longer. i do not want him to see my son anymore.... i think i found a good lawyer, but any more advice that could be useful to me would be greatly appreciated.
 
kimmyers1217 said:
this may help for him to serve his full sentence. but what could i do to get sole custody so that whenever he does get out of jail he cannot influence my child any longer. i do not want him to see my son anymore.... i think i found a good lawyer, but any more advice that could be useful to me would be greatly appreciated.
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Move away, far away.

Don't tell him where you have gone.

He won't bother looking for you after he gets out, IF he gets out.

You've wised up to him.

He has to find fresh meat, dumb meat to prey on young, innocent kids.

You've become too wise to be of any use to him any longer!
 
i have definately thought of doing this, but with a court order in place can i get into trouble... contempt of court for doing this. that is what the cops threatened me with when i tried to keep my son from him last. and i got scared, they told me that they could arrest me or put out a warrant, so i was forced to let my son continue to see him. thank god it was only a month and then he went back to jail again.
 
kimmyers1217 said:
i have definately thought of doing this, but with a court order in place can i get into trouble... contempt of court for doing this. that is what the cops threatened me with when i tried to keep my son from him last. and i got scared, they told me that they could arrest me or put out a warrant, so i was forced to let my son continue to see him. thank god it was only a month and then he went back to jail again.
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I didn't know that you had a court order. Now is the time to get that order modified. Speak with your new attorney about doing just that.
 
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