My boyfriend and I were living together in San Antonio, Texas. (Bexar County)
We had both been using illegal drugs and we both came to the decision to stop. I stopped while my boyfriend continued using. We had an argument about his continued use and he ended up taking our daughter, 6 months at the time, to his parents house in New Braunfels, Texas (Comal County 15 miles away) He did this while I was at work so I came home to a half empty house.
The next day I tried to go over there to see our daughter and I was assaulted by my 240 lb mixed martial arts trained boyfriend but yet when I called the police they arrested me because he had visible scratches on him from my defenses. I am 130 lbs with no training. My boyfriend did not press charges but I went to jail. Upon release the arresting officer served a 31 day protective order preventing me from seeing my now ex boyfriend and my daughter.
My bruises were visible and I pressed charges.
3/1/2010 I filed for custody in Bexar County where my child, myself and my now ex boyfriend have lived for a few years. We went to court only to find that my ex boyfriend filed first in Comal County, I had not been served. The judge ruled that she didn't have jurisdiction. My lawyer didn't have his Code book so we were unable to point out section 155.203 county of jurisdiction says that jurisdiction is in the county that which the child resided for the 6 months prior to suit.
4/10/2010 I was served with suit from Comal County. It states that my ex boyfriend had care control and custody for 6 months prior to suit. :no
He did but in Bexar County with me)
Present day: We have filed a special appearance in Comal County along with a motion to transfer venue. We have also filed a motion for temporary custody with Bexar County. We have a court date this Friday.
I can prove that I have been the primary caregiver prior to suit. I have held a job both during and after the pregnancy, paid the bills, fed the baby, clothed the baby, did the housework, planned play dates, planned babysitters, made and attended all doctors appointments, etc. He has not had a job since I have been with him. I have been drug tested with negative results 3 times voluntarily. I have completed anger management, seen 2 therapists, and a psychiatrist, have attended AA meetings, and enrolled in an 8 week parenting class, all voluntarily. I have been clean and drug free since before all this happened.
I don't want anything sugar coated. Do I stand a chance at getting my baby? Is there anything else I need to do?
We had both been using illegal drugs and we both came to the decision to stop. I stopped while my boyfriend continued using. We had an argument about his continued use and he ended up taking our daughter, 6 months at the time, to his parents house in New Braunfels, Texas (Comal County 15 miles away) He did this while I was at work so I came home to a half empty house.
The next day I tried to go over there to see our daughter and I was assaulted by my 240 lb mixed martial arts trained boyfriend but yet when I called the police they arrested me because he had visible scratches on him from my defenses. I am 130 lbs with no training. My boyfriend did not press charges but I went to jail. Upon release the arresting officer served a 31 day protective order preventing me from seeing my now ex boyfriend and my daughter.
My bruises were visible and I pressed charges. 3/1/2010 I filed for custody in Bexar County where my child, myself and my now ex boyfriend have lived for a few years. We went to court only to find that my ex boyfriend filed first in Comal County, I had not been served. The judge ruled that she didn't have jurisdiction. My lawyer didn't have his Code book so we were unable to point out section 155.203 county of jurisdiction says that jurisdiction is in the county that which the child resided for the 6 months prior to suit.
4/10/2010 I was served with suit from Comal County. It states that my ex boyfriend had care control and custody for 6 months prior to suit. :no
He did but in Bexar County with me) Present day: We have filed a special appearance in Comal County along with a motion to transfer venue. We have also filed a motion for temporary custody with Bexar County. We have a court date this Friday.
I can prove that I have been the primary caregiver prior to suit. I have held a job both during and after the pregnancy, paid the bills, fed the baby, clothed the baby, did the housework, planned play dates, planned babysitters, made and attended all doctors appointments, etc. He has not had a job since I have been with him. I have been drug tested with negative results 3 times voluntarily. I have completed anger management, seen 2 therapists, and a psychiatrist, have attended AA meetings, and enrolled in an 8 week parenting class, all voluntarily. I have been clean and drug free since before all this happened.
I don't want anything sugar coated. Do I stand a chance at getting my baby? Is there anything else I need to do?
