[zippit]

This was in montgomery county,TX
I think I would know what kind of case I sat on for 4 days sir
Thank you
Good day


So your saying one judge who could be biased is better than 12 citizens,you don't hold a high opinion of the citizens of the uinited states do you?

[Sprung09]

So your saying one judge who could be biased is better than 12 citizens,you dont hold a high opinion of the citizens of the uinited states do you?

I am going to look into it in my state and let everyone know if it can be done in my case, because I would have definitely preferred it.

[JudyKayTee]

How/why did you lose custody the first time around? It is highly unusual for a child to be taken from his/her mother and sent a distance to live with a father with a criminal record.

I suspect all of the info is not posted here.

[Sprung09]

How/why did you lose custody the first time around? It is highly unusual for a child to be taken from his/her mother and sent a distance to live with a father with a criminal record.

I suspect all of the info is not posted here.

If you read all of my other posts in reference to this I have explained that because I know it is hard to believe and others have said the same thing. The first time around in court, the judge ordered I could not nurture a relationship between my son and his father which is why he was given custody. The second time around the courts would not give me custody because they said there is no endangerment in my son's current household, which is crap. Many different lawyers have told me the only way I can get my son back now is if my son is in physical endangerment, which I don't understand how domestic violence and numerous DUI's are not endangerment?

[Sprung09]

How/why did you lose custody the first time around? It is highly unusual for a child to be taken from his/her mother and sent a distance to live with a father with a criminal record.

I suspect all of the info is not posted here.

And it is obvious that something does not add up here which is why I am asking for any type of advice at all. I have thought about going on talkshows, writing a book, writing the president, the news channels, everything, but then you get into legalities of using real or fake names, which I don't know about.

[cdad]

When was the last actual custody hearing. Not appeal but an actual case filing ? Also Im going to assume this came from somewhere else and its now been moved to the law board and here it isn't as touchy feely because we try to base answers on the law. Im sure judy as a respected member did read the previuos postings and that's why none of this is making sense. Im even in disbelief. Something really strange is going on.

[ScottGem]

This was in montgomery county,TX
I think I would know what kind of case I sat on for 4 days sir
thank you
good day

Apparently not. I just checked several Texas sites including this one:
Montgomery County Circuit Court - Jury Office

And every site says juries sit on either criminal or civil cases. And they all indicate that Family court is not considered a civil court.

So your saying one judge who could be biased is better than 12 citizens,you dont hold a high opinion of the citizens of the uinited states do you?

I hold a very high opinion of US citizens individually and on their own. I don't have such a high opinion of a group of laymen being able to interpret correctly the law in various situations. There are times when I think a jury trial is the better choice and there are times when it isn't. And Family Court is one place where I feel knowledge of the law and adherence to it is paramount.

But this isn't about me and it was off base of you to try and make it that way. Bottom line is as far as I knew Family Courts do not allow jury trials. Another reason for this is people don't, generally, want to air their dirty linen before their neighbors. So, since I was unaware of any Family courts that allow jury trials I questioned it a I would question anyone who posted information that I thought was inaccurate.

As my research shows it would not appear that Montogomery County in Texas does not allow Jury trials in Family court.

our first silent vote was like 9 for him and 3 for her

Ok, you've stepped in it again. According to my research of Texas courts only Criminal courts have a 12 member panel. Civil courts use a 6 member panel. So even if Family court was considered a civil court you would not have a 12 member panel.

[Sprung09]

When was the last actual custody hearing. Not appeal but an actual case filing ? Also Im going to assume this came from somewhere else and its now been moved to the law board and here it isnt as touchy feely because we try to base answers on the law. Im sure judy as a respected member did read the previuos postings and thats why none of this is making sense. Im even in disbelief. Something really strange is going on.

I didn't want to be rude to Judy because I was trying to explain that I know and understand that a lot of people would question this issue.

The last custody hearing was started in Oct of 2008 and the final court date for that was held in August of 2009. Something really bad is going on, I really believe that the courts (judge) was paid off, because my ex, mainly his mom is very wealthy and I am average. I am not wealthy what so ever but I pay all of my bills on my own every month. Everyone can't believe my story but just think if it was you, what would you do? When I lived it I almost had the feeling that I didn't want to be apart of the USA anymore because of all the corruption. It has taken me five years to tell all of you this which is a huge step for me.

[Sprung09]

and that the thing Sprung
you may spend alot of money that could go to a college fund ect. and loose because there are so many people that think money buys happiness,like I said it was 9 in his favor for a long time,i would suggest what i said earlier and is there anyway you can move,i wouldnt want to be in the same time but closer maybe how can you be expected to travel ,is it half way apiece?

The one fair thing was that airfare is split 50/50 monthly, but the amount of child support I pay in one month for one child would buy him two or three tickets for one month.

[cdad]

I didn't want to be rude to Judy because I was trying to explain that I know and understand that a lot of people would question this issue.

The last custody hearing was started in Oct of 2008 and the final court date for that was held in August of 2009. Something really bad is going on, I really believe that the courts (judge) was paid off, because my ex, mainly his mom is very wealthy and I am average. I am not wealthy what so ever but I pay all of my bills on my own every month. Everyone can't believe my story but just think if it was you, what would you do? When I lived it I almost had the feeling that I didn't want to be apart of the USA anymore because of all the corruption. It has taken me five years to tell all of you this which is a huge step for me.

If your asking my opinion on what I would do the first thing would be to move closer to my child if your goal is custody. That way you can be closer to the solution. The next thing is to examine the court system your sealing with. Most don't allow for changes in custody unless there are changed circumstances or aprox 2 years has passed. You can do an end around and keep getting more and more time until there is an opening for dramatic change. Your staements of 3 lawyers and CFI's and everything sounds like your doing too much at one time. You have to focus and keep your etes on the prize. By all means get things in writing and get the court to approve them. Things like if dad is unavailable then you have the right to the child. That can mean if he is arrested and goes to jail you can get the child. If your too far away you can't do things like that. Another thing is you need to narrow your focus. You going in too many directions. Plan ahead and document but again from 1000 miles away that becomes impossible. You need to really take a look at what's going on.

[ScottGem]

im telling you i sat on this case in july of 1999,so i really can't say anything else your going to call me a liar?

First, I received some additional info that may support your statement. This link: http://www.texasbar.com/Template.cfm...ontentID=15917 is to an article that discusses the decline of jury trials in Texas.

This article does discuss that in 1986, 7% of jury verdicts were from "family law and juvenile cases". However, the article goes on to cite figures for 2005. In doing so, it refers ONLY to criminal and Civil cases. From this and from the research I did, there may have been changes between 1986 and 2005 that eliminated the jury option from Family Court. Which leaves open the possibility that in 1999 they were allowed. And that they used a full 12 person jury.

But it seems clear, from my research, that they are not allowed now and that Civil juries use a 6 person panel. I'm not going to waste my time seeing if the laws have changed since 1999. I will, however, state that, while you may very while have been part of a Family court jury 10 years ago, that wouldn't be the case today.

And that will be the end of this discussion. We now return this thread to the OP ;)

[JudyKayTee]

I appreciate that the OP was not rude to me; however, I did read all of her posts. I work in the system. I investigate these cases.

I have two concerns. There HAD to be some evidence which was NOT favorable to the OP/mother. There HAD to be some evidence which WAS favorable to the father.

As soon as the "conversation" turns to Judges who are paid off I lose interest.

Either an Attorney did not do his/her job OR something isn't being posted.

An initial appeal should have been successful if things are as stated.

As far as writing a book, going on TV - I'd channel that energy into improving whatever life situation the Court found to be unfavorable to the OP and/or finding another Attorney.

[ScottGem]

I'm afraid I have to agree with Judy. Traditionally courts have given the mother preference in determining custody. So when a father gets custody over a mother, especially when there is such a distance involved, it's a very unusual situation. To accept that a judge awarded custody to a father simply because the judge felt the mother was driving a wedge between the father and the son stretches credulity. More so, if that was the only stated reason in the decision, I would think that would be prime grounds for appeal as that would indicate the judge may have overstepped the bounds of the law. This is not to say I don't understand the judge's ruling. Too often the children suffer most in a contentious custody battle. I can understand a judge who believes that one parent is trying to put down the other ruling against that parent. But not solely on those grounds.

So I have to be skeptical that we are getting the full story here. Not that the OP is not telling the truth, just not all of it.

But, to answer the question asked in the subject, you should never stop fighting for child, NEVER! All that does is give the child a sense of abandonment.

What you should be doing is striving to maintain a civil relationship with the father. Work together to provide your son with the best environment possible under the circumstances.

As an aside, NYS just enacted laws upping the severity of the crime of DUI with a child in the car. Your area may have similar laws. If you find your husband arrested for such, then I would immediately file for a change of custody. I would NOT however, attack your husband over it, but take the tact that your ONLY concern is the safety of your child.

[JudyKayTee]

- Or that the OP just simply doesn't understand the decision or the process by which it was reached.

Without knowing more about living situations, income, support of family members, it is impossible to add anything more.

[Sprung09]

- IOr that the OP just simply doesn't understand the decision or the process by which it was reached.

Without knowing more about living situations, income, support of family members, it is impossible to add anything more.

That is the only reason the judge gave custody to my son's father. I have nothing wrong. I make a lot more money than my ex, I have lived in the same home since all of this started, I have the same job since all of this started and moved up in my job. Everything is true that has happened.

I live in Colorado and all cases have been through the same county.

If what you two are saying is true, then what could be the reasoning of why the same judge with in 30 days of ruling gave full custody for my step daughter to my husband and I but took custody away from me with my son? We both live in the same household and testified for each other in each case, so the judge was very aware that we both had open child custody cases at the same time. My husbands ex wife has no criminal history what so ever either, same job, stable etc. etc. So if I am good enough to take care of my step daughter, why not my own son?

[ScottGem]

You say that's the only reason the judge gave. Do you mean this is the grounds written in the decision handed down by the court or was it something he said to you in court?

If what you are telling is accurate (and I have no doubt you believe it to be) then his ruling makes no sense. We are as incredulous as you are. What I find even more incredulous is that you had 3 lawyers looking at this case and none of them could overturn this decision.

That's why we have trouble believing we are getting the whole story. The story as you relate it makes no sense. Again, you may believe it's the whole story, but we have hard time doing so.

[GV70]

You say that's the only reason the judge gave. Do you mean this is the grounds written in the decision handed down by the court or was it something he said to you in court?

If what you are telling is accurate (and I have no doubt you believe it to be) then his ruling makes no sense. We are as incredulous as you are. What I find even more incredulous is that you had 3 lawyers looking at this case and none of them could overturn this decision.

That's why we have trouble believing we are getting the whole story. The story as you relate it makes no sense. Again, you may believe its the whole story, but we have hard time doing so.

Agreed.
It is very hard to believe that it is the whole story.

[bigblack]

If you haven't been through a custody dispute, don't think you know what your talking about.
In any case, does your 'answer' seem helpful to you?[/QUOTE]

You are absolutely right... I'm not sure how I ended up in family law - I thought I was in another section before I answered this question - no experience to answer here at all!

Does my answer seem helpful? Errrr, yes, it does, because I didn't just accept the OP's initial explanation and wanted more info... very helpful in my opinion, rather than offering completely speculative advice. If that seems helpful for you, so be it. It's not realistic for me.

[JudyKayTee]

If you havent been through a custody dispute, dont think you know what your talking about.
In any case, does your 'answer' seem helpful to you?

You are absolutely right... I'm not sure how I ended up in family law - I thought I was in another section before I answered this question - no experience to answer here at all!

Does my answer seem helpful? Errrr, yes, it does, because I didn't just accept the OP's initial explanation and wanted more info... very helpful in my opinion, rather than offering completely speculative advice. If that seems helpful for you, so be it. It's not realistic for me.[/QUOTE]


Problem is that this is a legal thread - unfortunately the law is written in black and white and not shades of gray.

Speculative advice really isn't helpful and "we" who post here take great pride in our answers. What appears helpful to you may very well simply cloud the waters.

I have no idea how you ended up in the Family Law section without realizing it.

[Sprung09]

You say that's the only reason the judge gave. Do you mean this is the grounds written in the decision handed down by the court or was it something he said to you in court?

If what you are telling is accurate (and I have no doubt you believe it to be) then his ruling makes no sense. We are as incredulous as you are. What I find even more incredulous is that you had 3 lawyers looking at this case and none of them could overturn this decision.

That's why we have trouble believing we are getting the whole story. The story as you relate it makes no sense. Again, you may believe its the whole story, but we have hard time doing so.

No, it is put in my legal permanent orders saying this is the reasoning. I did fire one lawyer, the other two just went along I guess and when the appeal process came along, one lawyer backed out of that part and the other lawyer took it on but came back with nothing from the courts.