Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
11/21/2017
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
can I get a summary of current and past orders regarding custody? And the basis for modification? Any protective orders?
Ask Your Own Legal Question
Customer reply replied 5 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 5 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.
Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 5 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.
Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 5 months ago
Please see section 107 herehttp://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm
Ask Your Own Legal Question
Customer reply replied 5 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 5 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.
Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 4 months ago

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

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can a misdemeanor case (section 205 of building code in
can a misdemeanor case (section 205 of building code in santa ana, ca)that was dismissed in 1981, be refile by city district attorney? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,855 satisfied customers
When someone makes an anonymous report of child abuse, is
when someone makes an anonymous report of child abuse, is the information in that recorded report divulged to caregiver of that child? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
What if I was charge with a misdemeanor and they drop the
What if I was charge with a misdemeanor and they drop the case, but a year and a day later, find out that they decide to charge me again with the same offense, what is the limitation? of the court to … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was accused of child abuse when my gf daughter fell and
i was accused of child abuse when my gf daughter fell and broke a leg iwas not alone with thew child my mother and family was there when the child fell i went thru family court and did everything i wa… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,855 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I'm am facing possible child abuse charges, what do I do¿
I'm am facing possible child abuse charges, what do I do¿ … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Ga. Case already closed. I received a misdemeanor for
I received a misdemeanor for forgery i wanted to know if that could be removed from my record at all… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
Wandering the severity of me checking no to no misdemeanors
Wandering the severity of me checking no to no misdemeanors on a my life insurance application I did a background check when I originally got my insurance license they found it years later and are now… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Who pays for testing (X-rays) etc. for child abuse protocol
Who pays for testing (X-rays) etc. for child abuse protocol in Indiana? Child under 1 yr old has hairline fracture in leg and requires mandatory protocol. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,855 satisfied customers
I was charged with a misdemeanor of marijuana poccesion in
I was charged with a misdemeanor of marijuana poccesion in 2007 I was given adjudication withheld unpaid all fines court cost restitution completed 6 months of probation now I'm in the medical field a… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
My brother-in-law has been arrested for alleged child abuse
My brother-in-law has been arrested for alleged child abuse in Green Bay. No attorney will represent him. Where can we find one? … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
My sister is on probation and her probation officer is
My sister is on probation and her probation officer is requesting her to write an essay about what financial responsibilities means to her. My sister has a disability in which she has a hard time read… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Felony battery, child abuse, mutilation, torture, non
Felony battery, child abuse, mutilation, torture, non consent. I need a lawyer for these issues … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Is a seatbelt violation a misdemeanor in Alabama? Alabama.
This misdemeanor may bar me from my acceptances to graduate school, as I did not know it was a misdemeanor.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
If Oklahoma City DHS falsify a case of child abuse and there
If Oklahoma City DHS falsify a case of child abuse and there is a paper trail strongly pointing this out but parental rights have been terminated and State appeal has been denied and federal appeal ca… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
I'm being investigated for child abuse due to I diabetic
I'm being investigated for child abuse due to I diabetic episode as a substitute teacher in ohio … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I receive bed a letter of child abuse? I don't know what's
I receive bed a letter of child abuse? I don't know what's this or what I should do? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
Is it child abuse in Idaho to physically move rebelling
Is it child abuse in Idaho to physically move rebelling children from point A to point B? No hitting by parent involved, though various ages children frequently strike the parent.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x