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I have an ex who is determined to try and take my kids away…

Customer Question
I have an ex...

I have an ex who is determined to try and take my kids away from me. He has tried to have me arrested twice, called cops, on me twice and has filed a CPS claim against my boyfriend twice, as of today. We've been in and out of court for 2 years. He loses more and more of his rights every time. I want to know what I can do to stop him from making false claims? He's bringing my kids into this and making them say things that aren't true.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, I have a lawyer but I would like a second opinion.

Submitted: 8 months ago.Category: Legal
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11/21/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,691
Experience: Just Answer consultant at Self employed
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can I get a summary of current and past orders regarding custody? And the basis for modification? Any protective orders?
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Customer reply replied 8 months ago
We started off with week to week visitation and split education rights in 2015. The kids grades were dropping when they were with dad, dad wouldn't bring them to any of their after school activities and he refused to pay child support. So we went back to court, we got it changed to extended standard possession order and we still split rights, that was January of 2017. After that, dad sues the school saying they aren't doing what needs to be done for my sons dyslexia needs. Eventually the lawyer drops the cases because there is no case. He tries to have me arrested in 2 different counties saying I stole money from him while we were married 5 years ago.. it went no where. Six months later in June, dad and his fiancé refuse to take my son to get his weekly allergy shots during his month of possession. Dad works out of town so the fiancé was suppose to take him but she refused. We went back to court in July. Dad was ordered a 90 probation period to see if he would be child support, take my kids to their doctors appointment and school activities and his fiancé is not allowed to keep my kids unless their dad is in town. Since July there have been 2 CPS claims against my boyfriend, the first was ruled out. The second on just happened today. We went to court last Wednesday and dad no longer has medical or educational rights. So every time he gets more rights taken away he retaliates in some way.
Lawyer: legalgems, Lawyer replied 8 months ago
I am very sorry to hear this. That must be difficult for the entire family and likely has a negative impact on the children's relationship with their father.
Aside from having an effect on custody and visitation, the court may impose sanctions such as the award of attorney fees and costs. Please see the below statutehttp://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.10.htmI could not find a case law where the court would issue an inunction precluding a party from filing a motion, likely because of the chilling effect it would have. However if the court did sanction with legal fees that may serve as a deterrent.
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Lawyer: legalgems, Lawyer replied 8 months ago
Texas code 261 does make the false reporting of child abuse a class b misdemeanor. If the prosecutor was made aware of the false report and initiated an investigation that may serve to at least end that issue but may exacerbate others if that is the party's standard reaction.
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Lawyer: legalgems, Lawyer replied 8 months ago
Please see section 107 herehttp://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm
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Customer reply replied 8 months ago
Ok the first CPS claim was about sexual and emotional abuse. It was ruled out. The claim made today was about physical abuse (my son said that my boyfriend hit him everyday). The sheriff said I couldn't press charges because technically that would be me going against my son. Is that correct? Even if I feel his dad is telling him what to say?
Lawyer: legalgems, Lawyer replied 8 months ago
I have not heard of that. If the son said the abuse ocures and the non abusing parent denied it that would be going against the son. But if a third party makes the allegations (ie not the child making the allegation) then I don't see the connection. Now if the alleged abuser was in fact abusive and a parent was in denial about it or was aware of it and refused to do anything the court would typically be concerned that the parent was not putting the child's interests first.
If a person makes unsubstantiated reports though that generally leads one to be suspicious as to their credibility.
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Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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