Hello every one. I have a very important question for every one and I would like some input into what to do. I will explain what is going on so you get a brief explanation of what is going on.

On Monday the 27th my ex-girlfriend flipped out on me out of now wheres when I was at work. I called he to find out if she need a ride to work that day and she got all bent out of shape about it and started calling me a unresponsible father. That I don't do anything for my son and don't spend time with him or her. \

I was like are you crazy.. "what did I do to you to make you do this?" She wouldn't answer me at that time. I was told I needed to get home before she left with my son because I was the only one that could stop her because I had parental rights too. Well when I left I get home and she was not there. I walked out and asked my father where was she and my son.. He said "I haven't seen her all day". Well I texted her to find out where she was and she said she was getting her stuff and leaving. She finally came into the house and I was like where is my son, she wouldn't tell me so it went on for about a good 10mins before my father walked up and said "By law he was the right to now where his son is", so she told me.

My father talked to her about getting her stuff and letting me see my son when she came over. Well she came over on Wednesday and brought my son as well for me to see... she got most of her stuff and took all my paper work with her as well due to her having a key to my filing cabinet that I didn't know about at the time. When she did this she left within about 20min leaving most of her stuff here at my house as well took my son with her. The police told me and her that she has the right not to let me see my son until court and that she brought him meaning she left with him... (She smiled and laughed at me on the way out)

The next day she called CPS on me for child abuse which the child was not at my house. The cops came by and asked me if I had the child and I was like "No, my ex took him Monday night and I have not seen them since". They looked around and noticed he was not there so they sent CPS over to her house and that is where they busted her with the child.

I have been trying to get a hold of them regarding her stuff and my son and neither her mother or my ex have returned any of my calls or emails regarding anything. She has filed for support against me and I have not received a letter or a notice about this meaning that I was served and she got it (I know this because she was not working and was at home at the time. The letter was sent on the 22nd of August. I had to find out from some one she was talking to at the time and she informed me of it, so, I checked up on it and sure enough it was filed.

I need some help on what to do and anything at this point would be extraordinary.

She won't let me see my son or let me call to find out any info on him (Etc. Make sure he is OK, if he needs anything)

I didn't do anything to make her do this in the first place. She filed for child support back on the 4th of August... I need some help on what to do. I am getting an attorney right now. She has to take Alprazolam (http://en.wikipedia.org/wiki/Alprazolam) and Levetiracetam (http://en.wikipedia.org/wiki/Levetiracetam) for her disorders and she was locked up in Austin state hospital about two years ago. Any info would be great.

I am willing to fight for my son until I have nothing left. I don't know if this is helpful but I do live in the US (TX)

Get an attorney and give the attorney all the facts. That's the best thing you can do. Make sure you keep a log of all the events, phone calls, correspondence etc.

If the situation is as you describe, you have a good chance of getting custody and she will only get supervised visits.

The thing is you should have done this when the child was born. I assume you are on the birth certificate as the legal father. But as soon as the child was born you should have formalized the custody arrangement.

Yes, I should have and that was my down fall. This is my first child so I am still learning the ins and outs of what is going on and what I should do. I know if I didn't find out about the hearing then I would have been held in attempted court because I was served and didn't show up.

I am trying to get the information on who signed for my sepena so I can use that was well as try to get the info regarding his b-certificate. She went in and took all my paper work telling the officer that she had to get his b-certificate and SSN. Which I know she doesn't have, so I am trying to prove that as well so I can use that and get her for providing false information to an officer.

The situation that I provided is the truth. I love my son and want him back in my life.

Update sorry:

Is it true that longer she has the child in her custody the stronger her case will be?

Update sorry:

Is it true that longer she has the child in her custody the stronger her case will be?


Yes, the longer it takes you to get a lawyer and file the stronger her case will be because it can show that you didn't "care" enough to act sooner.

Yes, the longer it takes you to get a lawyer and file the stronger her case will be because it can show that you didn't "care" enough to act sooner.

OK, thank you. I am trying to get things up and running pretty fast but it's the weekend and every one wants 3k down and I only have 1.8k for the time being. Is there any way I can prove that I cared and tried my best to get my son back?

I am trying to get all the info I can so I know what I need to do and what my chances are of getting him back.

Ok first nothing unsual about this case, this is about how a lot of them all happen, one party or the other takes everything and/or changes the locks and locks the other one out. They refuse to allow the other one to see the child and slows down the court hearings as much as they can.

So what is looked at, is how fast you respond, why the day she left were you not in court asking for a custody hearing, why after a week did you not file for an emergancy custody or visitation hearing.

So shop around for another attorney, check with legal aid, see if you can pay one by the hour to start just to do the beginning paper work?

OK, well she filed for child support when we where together back on the 4th and that I had to find out all the info regarding this before I actually started.

I have been calling lawyers since last week and no one will work with me with out 3.5k down. I am trying everything I can but it's not easy on my part due to the fact I have to do all the hard work to get started.

Edit

How would I got about the easiest way for filing for emergency custody?

I have check with legal aid and I am waiting on a response but won't get one till tomorrow.


I am new to all this... so hopefully I can do something before it gets to far. I am trying to get as much info as possible. She has some one that is helping her there is no dought about that because she filed and she is a step ahead of me at the current time.

First off if your getting a lawyer then that's when you will know where you stand in all this. Her having " forced " a custody arrangement on you doesn't go against you. How old is the child ? If she is filing for support at that time there should also be a custody hearing. Make sure you prepare for answers to questions like they are going to ask.. like child's routine etc and where the child will be sleeping etc. Also during all this find a babysitter for the child for the times you have to work or make sure your dad can help out in that dept. Don't even get a speeding ticket if you can avoid it until after your hearing because your going to need to be saintly to get things done.

You said she filed for support on 8/4 but you were not made aware of it until when? If she first moved out on the 27th then not a lot of time has passed for you to do anything.

I would be in Family Court first thing tomorrow morning and ask the court clerk what you have to do to file for an emergency custody order. Tell them (if they ask) you are trying to find a lawyer you can afford, but since the mother ran out on you, you've been advised to act fast in filing.

And you have a right to the record of service. If you can provie she fudged it, that will help you case. Make sure you have copies of the reports filled by the police when they were called as well as the CPS visits.

Something else just clicked here. You say she filled for support on 8/4 while you were still living together? If so, then why would she need support since you were both living under one roof and presumably, you were already supporting both her and the child. The most likely answer is she was planning on bolting and wanted to start getting support first. But it still works in your favor.

I was not aware of it until now to be honest. The letter was sent on the 22nd of August and I was at work during that time and yes she moved out on the 27th of August.

I am in the morning going to go and check it out and see if she really did it or not and if she did then I can use it against her as well. I was thinking the same thing to be honest, she was planing on bailing when I found out, she did it so it gave her time to save her but.

I just found out some other info as well earlier today. She is trying to destroy my identity and is going a very good job of it to be honest.

The info provided is not true *I MEAN NOT TRUE*



Ok, so I'm sorry I've been MIA, but I'm still going to be for a while. I found a bruise on little Michael's arm, and was livid. I asked James about it, and he claims that he hit it on the wall when he was changing him. James has been yelling at both me and Michael for quite some time now. He pushes Michael, he covers his mouth while he's crying, he doesn't feed or change him... Michael was fussing the other day, and James smacked me upside the head and cussed me out for Michael fussing. I got irritated and we got into a text fight. He called screaming at me, and told me that if I was so tired of his s**t then I could get mine and get out. He said I couldn't take Michael. I said BS. Michael's with me, and we're both without stuff. We're staying at my mom's. I've changed his pedi, filed a report with CPS, shut off the cable, and am about to go file an assault charge for hitting me. Just so that I'll have it for my records in court.

James has my laptop, so I'm having to jump on quickly to my brother or sister's computers when I get a chance. I'll keep y'all updated on us. :) If anybody has any advice for me, go for it. Lol... It's all greatly appreciated.


This is what she posted about me on one of her forums. I am planing on printing it out and filing charges against her for slander... can I do that?

To file a suit for slander you have to a) be able to conclusively prove the defendant deliberately lied and b) show that you suffered some tangible damage because of it. Since most forum posting are anonymous you are going to be hard pressed to prove either.

Hello everyone this is Monica I am Michael01's sister and everything that she is saying about him is so FALSE she is hurting this family and tearing all of us apart because we can not see him and will not talk to any of us. Is there anything that us the family can do to help out?

At this point, probably not. The only thing would be to document anything you see.

This is what she posted about me on one of her forums. I am planing on printing it out and filing charges against her for slander... can I do that?


Quoting myself:

Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public.