Modified Court Order, Father Refuses Court Order, and Takes my Daughter for 30 Days

[tonyagoldman]

Hello, My name is Tonya Goldman I currently live in rusk, TX and I am a single mother living in a low income appartment raising my child alone for the past year and half. I have a court order that states that he is suppose to go through different phases of supervised custody before he gets her overnight or anytime. Well he refuses to go by this and has repeatedly threatened me and my boyfriend that I am with now. We basically have no say in this matter it seems and I have tried contacting local authorities but they say I have to hire a lawyer and take him back to court. I am just at the end of my rope here and I cant understand how this is happening. He can just come get her whenever he wants at any given time, we never know when or what time she is coming back. I know there is someone out there that can help me, pls someone help. thnx.

 

[irish223]

Hello, My name is Tonya Goldman I currently live in rusk, TX and I am a single mother living in a low income appartment raising my child alone for the past year and half. I have a court order that states that he is suppose to go through different phases of supervised custody before he gets her overnight or anytime. Well he refuses to go by this and has repeatedly threatened me and my boyfriend that I am with now. We basically have no say in this matter it seems and I have tried contacting local authorities but they say I have to hire a lawyer and take him back to court. I am just at the end of my rope here and I cant understand how this is happening. He can just come get her whenever he wants at any given time, we never know when or what time she is coming back. I know there is someone out there that can help me, pls someone help. thnx.

Tonya Goldman

Who is supposed to supervise? Who is supposed to pick up/drop off the child for visitation?

 

[irish223]

And....


Please remove your phone number! No reasonable, ethical person from this site will call you. Instead, you're inviting stalkers and weirdoes to contact you.

 

[army judge]

Contact your local JP Court.
You can obtain an order of protection.
This would prevent him from coming onto your property.
The next time he comes onto your property, call the local police and ask them to warn him about trespassing on your property.
Once he has been warned by the police, if he does it again, he can be arrested for criminal trespass.
Get that order of protection.
If you have it, if he comes around, he can be arrested for violating that order.
If he comes again, don't open your door and allow him to have your child.
You're giving him your daughter when you don't have to do so.
That is, if what you say is true.

 

[Proserpina]

OP please type word for word what your visitation order actually states.

(minus names and other identifying info)

 

[tonyagoldman]

This is the Page from my court papers that I am concerned about, It clearly states on the bottom of the page that he must complete the certain types of visitation before he can have normal visitation rights such as the 30 day summer vacation time? If I am misunderstanding this plz help me understand thnx


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Initial Periods of Possession
Of The Child By The Possessory Conservator​

The court finds that the age, developmental status, circumstances, needs, and best interests of the child warrant the following variance from the standard possession order. the possessory conservator shall have the following initial rights to possession of the child:

A. Begininning at 1:00 p.m. and ending at 5:00 p.m. on the first, third, and fifth saturdays of each month for 6 periods of possession. These periods of possession of the child shall be supervised by the managing conservator or a competent adult designated by the managing conservator. Upon completion of this phase, all subsequent periods of possession of the child by the possessory conservator shall be without the requirement of such supervision.

B. Beginning at 1:00 p.m. and ending at 5:00 p.m. on the first, third, and fifth saturday of each month for 6 periods of possession;

C. Beginning at 8:00 a.m. and ending at 5:00 p.m. on the first, third, and fifth saturday of each month for 6 periods of possession;

D. Beginning at 6:00 p.m. on the first, third, and fifth saturday of each month and ending at 6:00 p.m. on the following sunday for 6 periods of possession.

Each Phase above must be completed in full on the requisite number of scheduled periods before advancement to the next phase. Once the initial phases of possession of the child by the possessory conservator have been completed, the parties shall have possession of the child in accordance with the standard possession order below.

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[army judge]

This is the Page from my court papers that I am concerned about, It clearly states on the bottom of the page that he must complete the certain types of visitation before he can have normal visitation rights such as the 30 day summer vacation time? If I am misunderstanding this plz help me understand thnx


--------------------------------------------------------------------------

Initial Periods of Possession
Of The Child By The Possessory Conservator​

The court finds that the age, developmental status, circumstances, needs, and best interests of the child warrant the following variance from the standard possession order. the possessory conservator shall have the following initial rights to possession of the child:

A. Begininning at 1:00 p.m. and ending at 5:00 p.m. on the first, third, and fifth saturdays of each month for 6 periods of possession. These periods of possession of the child shall be supervised by the managing conservator or a competent adult designated by the managing conservator. Upon completion of this phase, all subsequent periods of possession of the child by the possessory conservator shall be without the requirement of such supervision.

B. Beginning at 1:00 p.m. and ending at 5:00 p.m. on the first, third, and fifth saturday of each month for 6 periods of possession;

C. Beginning at 8:00 a.m. and ending at 5:00 p.m. on the first, third, and fifth saturday of each month for 6 periods of possession;

D. Beginning at 6:00 p.m. on the first, third, and fifth saturday of each month and ending at 6:00 p.m. on the following sunday for 6 periods of possession.

Each Phase above must be completed in full on the requisite number of scheduled periods before advancement to the next phase. Once the initial phases of possession of the child by the possessory conservator have been completed, the parties shall have possession of the child in accordance with the standard possession order below.

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As I said above, if YOU are the "managing conservator" the "father' is not to be alone with this child until all of the above steps have been completed.

You are only ordered to let the "father" visit with the child under your direct supervision or under the supervision of an adult you appoint.

If you permit the "father" to take the child (without supervision) you potentially can be held in contempt.

You also might jeopardize your parental rights by allowing the child to be alone with the "father".

 

[irish223]

Is there a subsequent court order?

If no, has he completed any steps?

If no, have you been allowing him visitation without supervision; that is, surrendering the child to him when he shows up at your door?

What do you mean, "He can just come get her whenever he wants at any given time, we never know when or what time she is coming back"?

ETA: I just noticed the title of your thread. So, the father has already taken the child for his 30 day visitation? Was the order you posted above modified, allowing him visitation without fulfilling the steps of the order above? If so, what are the terms of the modification?

 

[tonyagoldman]

What I have posted above is the modified order, and yes he already has came and now has her for 30 days. The reason that he has the child is that I have family that keeps her during the while i work. Well he came over with his court order papers, showed a sheriff the part where it talks about the 30 day visitation period for the summer, and they told my babbysitter that she had to give up my daughter. No one even bothered to look at the part that says he has to do all this modified stuff first. So what I am wondering is, since he has her now. Is there anyway legaly I can go and get my daughter back from him before the 30 days are up or do I now have to just sit here and wait knowing that my daughter misses me very much, and probally is scared to death cause she really doesnt know him that well or any of his family.

 

[irish223]

What I have posted above is the modified order, and yes he already has came and now has her for 30 days. The reason that he has the child is that I have family that keeps her during the while i work. Well he came over with his court order papers, showed a sheriff the part where it talks about the 30 day visitation period for the summer, and they told my babbysitter that she had to give up my daughter. No one even bothered to look at the part that says he has to do all this modified stuff first. So what I am wondering is, since he has her now. Is there anyway legaly I can go and get my daughter back from him before the 30 days are up or do I now have to just sit here and wait knowing that my daughter misses me very much, and probally is scared to death cause she really doesnt know him that well or any of his family.

Well, you'll have to go to court to have the custody order enforced. I recommend a lawyer, but the following link may help you to get started:

http://www.texaslawhelp.org/tx/courts/index.cfm/search/results?county=37&topic=16&amount=

I wouldn't wait.

Also, I don't know if you can be successful in getting a protective order, but here's a link to the forms and information:

http://www.oag.state.tx.us/AG_Publications/pdfs/protectiveKit_dv.pdf

Good Luck!

 

[tonyagoldman]

Are there any resources available for low income mothers in situations where u just dont have 1000$ or more to drop for a lawyer? I make like 350$ week and I just dont know how I am going to afford a lawyer now. Any Ideas would be helpful.. thnx

 

[irish223]

Are there any resources available for low income mothers in situations where u just dont have 1000$ or more to drop for a lawyer? I make like 350$ week and I just dont know how I am going to afford a lawyer now. Any Ideas would be helpful.. thnx

If you click on the first link, Texas law help, you'll find tabs for legal resources, legal aid, and legal aid income guidelines.