social study for custody battle HELP!!

[aprildls]

I am currently in a two year custody battle witht he father of my daughters. Recently we were ordered a social study to be done since niether I nor the father of my children have come to an agreement regarding custody. He is asking for full sole and physical custody. We were both ordered to pay for our own study but since I live three states away I would also need to pay for airfare and hotel. I was made awareof this but not made aware the the social worker would also charge me a per hour rate and pre diem for the day she spent here. I was told a flate rate and at the end received an invoice of almost twice as much, not including the airfare that was already paid by me, as what was told to me. The social worker informed me of her rate and besides the airfare she said she would make arraingments for payment. Now she is asking for the amount in full and has submitted her report with a motion for enforcement of payment. She tells me I am in contempt of court and I will have to present myself next week for a status hearing. I live three states away and I provide more than half of my childrens support. I am currently paying for my home and vehicle and not to mention insurance and such bills etc. I cannot afford to tavel on my behalf. Will I go to jail or lose my children if I am unable to pay?

 

[army judge]

I doubt that you'll be jailed.

You might be fined for contempt.

If don't appear, you could severely impact your efforts at securing custody.

In Texas, it isn't called custody, however.

Texas terms it conservatorship.

If you are unable to travel, you might be wise to retain an attorney.

The attorney can secure a continuance, giving you time to sort out your finances.

If you fall short at the start, it could impact what you are trying to achieve.

Whatever you have to do, pay the social worker.

You don't want the court to think you are unable to support your children.

You do yourself a severe disservice when you fret over paying for your children's support, a car note, a mortgage, etc...

DO NOT BEGIN TO GO THERE.

You will cut your own throat.

Do whatever it takes to show the court you care enough to drop everything to FIGHT for your children!!!

The difference between Conservators and Guardians

A person having possession rights to a child is called a "conservator" under Texas law. This is similar to, but different than, a "guardian." A "guardian" is someone appointed by a Texas Probate Court and is generally only needed if the child has money or property that needs protected. Texas law also provides for grandparent "access" rights, which are different than "possession" rights.

There are two kinds of "conservators." There is a "managing conservator" and a "possessory conservator." The court may appoint "Joint Managing Conservators" or a "Sole Managing Conservator" with as many "Possessory Conservators" as the court deems appropriate.

Joint Managing Conservatorship is presumed.

The first time a court must make a decision about conservatorship, the law presumes that both parents should be Joint Managing Conservators. The Judge can weigh a history of domestic violence, or whether the parent has had little prior contact or relationship with the child when considering restrictions on rights and possession.

http://www.lanwt.org/txaccess/VISRIGTHS.asp

 

[Duranie]

Did you move out of state with the kids without his or court permission? As you can see this is going to cause you some problems. Why is Dad asking for custody is it in relation to the move? This is one of the downfalls of moving. If you cannot or will not pay the social worker then yes this is a problem. I would borrow the money or sell something to pay this and to make an appearance.

 

[aprildls]

I have paid the social study and she has released the report to the court. The report was in my favor not my ex's. She also advised the court that the best interest of the children would also benifit from him not having any rights to make any medical decisions for the girls. NO, my move was not the reason for him wanting custody. This has been an 2 year long custody battle. But because of my move I have not been able to surrender my children for visitation to my ex at the designated place. I have made him aware and have offered a different kind of extended visitation but he has been continuing to press cahrges on me every other weekend even though the travel would be exhausting for my 2 and 4 year old. Its 15 hours and even though the judge warned me not to be in contempt anymore theres no way I can come up with 500 dollars every other weekend just for a weekend visit with their dad. Will I go to jail for this? We finally have a final hearing but I am scared the judge will put me away for all of my contempts, What can I do?

 

[army judge]

You could be jailed for being in contempt.

You more than likely will be fined.

Just do as you're told going forward.

If something prevents you from doing what you're told (illness, emergency, etc...), make sure you or your attorney always inform the court as soon as possible.

If you do get jailed, you can guess who'll get the kids, right?


Sent from my iPhone using Tapatalk

 

[Duranie]

Your moving though has interfered with dads visitation. So it appears you did not have permission to move right? EOW is not possible but if you can get Dad to agree to visits several times a year at your expense he might agree. You just cannot get up and move from him and that is what you did. Dad does have the right to fight you and honestly if I were you, move back and put all this nonsense to an end. Ask Dad what would it take for him to drop this. Also the kids are not even in school so who is paying for their daycare? all this is going to be costly. Dad now gets to see his young girls a few times a year. I would do whatever it takes to make all court appearances and figure out if this move is worth it. I would never give up my kids if I were you and if you totally run out of money, you may need to move back. Staying where you are, not going to court, and keeping the kids with you is probably not an option.