helpintexas
New Member
- Jurisdiction
- Texas
A friend of mine was picking up her son from her ex-husband at a police station (agreed upon in custody papers) and he claims that she hit him and in doing that also made contact with the child. The police report says the officer took photos of where the accuser was allegedly hit. Also mentioned in the police report was a CPS investigation that my friend was not aware of in any way. My friend has a witness who was with her who will testify that she did no such thing. The accuser was alone. My friend claims that she did take her son from her ex-husbands arms and in no way hurt either one of them. She can't afford a lawyer. She is in the middle of a custody battle and is mainly concerned that if found guilty her ex-husband will use it against her to keep her son away from her. She's worried about his safety and health. He is currently withholding visitation in violation of a court order because he claims he worries about the child's safety. He won primary custody last year due to a complicated set of circumstances. She was the custodial parent for the previous 5 years (the child's life). She has no prior arrests or convictions and doesn't know what she should tell the court or what to do if found guilty. Should she admit to taking the son from his arms? Since he's lying about her hitting him and has no witnesses should she simply say she didn't assault him? She's mainly worried if convicted he'll be able to keep her son away from her indefinitely and she's truly concerned about the boy's health and safety (both emotionally/mentally and physically). Any help is appreciated. Thank you