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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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my childerns father took my son on his summer visit and didnt

Customer Question

my childerns father took my son on his summer visit and didn't bring him home. He took my son out of the school he was in and put him in another one i found out what school he was in and took the paper work that shows i am the the parent he lives with and his father had no right to do that. they took him out. then they put him back in. I don't understand how that was done. The father then seaved me with papers saing he wants a modification of the pettion order. He wants to be the primary custodian and wants me to pay child support. We went to court and the judge said we have to go to a court order mediation what do I do and do and who can help me? I have a dauther with him he has no contact with her he is on parole for a agg. robery charge when he did this he was not in his life until 4 years ago and that was for less then a year he just came back in his life last year
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name isXXXXX am a licensed, practicing Attorney and would be glad to help, but need a bit more information if you do not mind,

Q. 1. Is there presently a Child Custody Order entered by the Court regarding the custody of both your daughter and your son ?

Q. 2. If so, what is the date of that Order ?

Q. 3. How long was he in jail for the charges you mentioned, and when was he released ?

Q. 4. Is he on Probation or Parole so that he has to check in with his PO on a regular basis ?

Thank you

Thank you

Customer: replied 5 years ago.

Yes, I am the custodial parent. The Date is August 4th, 2005. He was in jail for 9 and a half to 10 years. He was placed on Parole upon release from prison.

Expert:  ANDREA, replied 5 years ago.
Thank you for your information and your patience.

There are certain "words and key phrases" which you should become accustomed to using in preparation for your hearing and you must stress the following to the Judge:

1. First, under Texas law, a Custody Order entered by the Court cannot and should not be changed, or amended, unless the party desiring the modification can prove that there has been "a substantial change in circumstances" sinc the date of the last Custody Order. There has been no change in circumstances, substantial or otherwise, and, therefore, the Custody Order should not be amended because it will disrupt the child's emotional, physical, and mental security, and stability, and will disrupt his entire schedule;

2. The father is not a good or proper role model for your son to emulate; Father has been convicted of violent crimes, he is prone to violence, has been incarcerated for over 9 years, is still on probation, has no real job to speak of, and cannot instill any ethics, or morals in his son which he himself does not possess or value;

3. The father has never showed an interest in either of his children and was never around to help you raise them and wants to take the credit now when your son is 14 years old; In addition, if the father is awarded even partial custody, your son will be separated from his sister and it is not healthy to separate siblings, nor to make one sibling feel that they are loved less than their brother;

4. The father has told you that he wants his son so that you will have to pay him child support and you believe this to be true.

The guiding principle for all Family Court Judges in Custody cases is "What will be in the best interests and permanent welfare of the child". You must use this phrase often and state that the "best interests and permanent welfare of your son can only be met by allowing your son to remain with you", and that you agree to visitation by his father, however, it must be supervised visitation because you fear for your son's safety as well as the violent influence he may have on your son.

I hope this information gives you a better understanding of your situation and which steps you must take to protect the safety, morals, and welfare of your son. If you need clarification on anything, please let me know and I will be glad to explain further. In the meantime, please press "Accept" so that I receive credit for assisting you. Thank you,

Kindest Regards,
ANDREA, and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Do you believe that I should have a lawyer present for the mediation. If so where should I look for one. Do you guys offer a leagal aid for a good price? Thank you for all of the information you have given me it has been nothing but helpful.
Expert:  ANDREA, replied 5 years ago.
It is not necessary to have a lawyer, if you rehearse in advance what you will say and how you will say it, and remember all the key words and phrases I listed above in Numbers 1 through 4. If you think that the father will have a lawyer, then you should consider having one also, not that you cannot handle it, but just to even out the playing field. The father may say he has no money, but I have heard that story before and I marvel at how they can come up with attorney's fees, but have no money for child support.

JustAnswer is not a law firm and, although the attorneys in the legal category are licensed, and practicing attorneys, we do not take on customers' cases. You can contact the Texas Bar Association Lawyer Referral Service and ask them for the names of several attorneys with experience in Family Law practice. Consultations are usually free, or may cost $20 for an initial one-half hour consultation. Call them all, get your free consultations, then you will have a better idea if you want a lawyer or not.

If you decide to go to the Mediation without a lawyer, tell the hearing Officer that you wish you could afford a lawyer, but your money is better spent on your children and buying their necessities. this should win the Mediation Officer over to your side. Then you can go into the reasons as to why your son's best interests and permanent welfare would be served by denying the father's Petition and leave the custody arrangement the way it has been for the last 14 years, and go through 1 through 4 above, as often as possible, stressing your good points - devoted mother, never in trouble, always with your children and say that you do not believe that the father is any type of role model you would ever want your son to follow.

Thank you for accepting my Answer, I greatly appreciate it, Please take a moment to leave some Positive Feedback, I would greatly appreciate that, also,

If you need anything further, please feel free to ask for me by typing my name
at the beginning of your question, like this,

"For Andrea.........." and your question will be directed to me,

Thank you again for the opportunity to assist you,

Kindest regards,