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Answered in 3 minutes by:
2/13/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,243
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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No problem ask away here,thanks

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Customer reply replied 9 days ago
I was the client that asked several questions about a situation in which I was forced to move to California Ana take my 11 year old son since I had no place to live when my ex was harassing and stalking outside my home for 6 hours per day and even I lost my job.

I remember what if anything has changed here,thanks

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Customer reply replied 9 days ago
I had primary custody but I didn’t have permission to go out of the county at the time but I was truly cornered with no place to live and a safe place away from ex. Only four weeks after being in California my ex-husband filed for immediate return of my son, which I complied with, returning the child and we had a court hearing on October 10th. In that court hearing the judge did not hear testimony, said they were understaffed, but order that the child remain in bexar county no matter what. I have no place to live and all of my belongings were still in California. I was forced to handover my son to an abusive man in order to keep him in bexar county. I then did everything I could to get everything moved back to Texas. I got back to Texas the first week in December and try to pick up my son since I still had full custody and father merely had weekend visitations. Regardless, my ex-husband refused to allow me time with my son. And the few times I have been successful at getting time with my son he has run away saying that dad told him I’m a terrible person and he doesn’t want to live with me anymore. Three weeks ago when I picked up my son he tried to kill me saying “Dad says you should die“ my son has high functioning autism and he is easily manipulated and he is being parentally alienated terribly.I have been trying to get a job now in San Antonio but have Faced quite a bit of rejection. So I’m working off jobs to try and make ends meat. I have never made less than 60k per year and now I’m lucky to bring in 2200 per month in wages from Uber and Lyft driver. I have some great interviews set up but haven’t landed any strong positions yet.Last week I got notice that my ex husband is taking me to court on 02.16.2018 (this Friday) suing me for child support. On top of that he wants his $13k in child support arrears to be cleared and no longer have to pay child support Lee alone pay his arrears.I feel like this is ridiculous when custody has not been changed. The only reason I don’t have my son is because every time I get him he runs away or tries to hurt me.
Customer reply replied 9 days ago
I asked my attorney if there is anyway to delay or cancel this court hearing and her response was “I don’t think so.”

So here why not ask for joint custody and that you be given credit at least against what he owes.I would see what kind of deal you can get your lawyer to make thats middle ground.I feel like this may be the best you can do.I know this is frustrating but its hard if the child doesn't want to live with you. I wonder if you loose on custody and child support if returning to California might be an option for you.I know its hard to leave your child, you may need to consider these options and see how it goes in court.You are working and nearby I don't see why joint custody should not be considered by the judge.

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Customer reply replied 9 days ago
I understand her frustration and that I have not been able to pay her since I have lost my job. I send her payments of $200 here and there when I can afford it but she has of course used the retainer and then some. So she is not feeling very motivated to act on this case but I need this hearing stopped. This is not fair that my ex has over 13k in child support arrears, was court ordered to provide medical insurance and he refused costing me several hundred dollars per month to insure my son and then several thousands of dollars over the years in medical copay Costs etc that he has not paid back even though he is court ordered. But yet now he wants to bring this case against me for child support paid to him?Look I know he is in contempt and I realize I can file a for a judgement against him for that but right now I just need to get back on my feet. I need to get a good job and then be able to file for motions of contempt and fight for custody returned and my son to get him in therapy so the parental alienation can stop.What parameters could my attorney possibly get this thrown out? We have another court hearing on 03.07.2018 to discuss the status of reunification therapy. That is the ONE thing the judges ordered without hearing any testimony, was reunification therapy between mom and son but my ex husband has refused to rake him to therapy so I can get any therapy with my son. And then father stated that he has to work so he refused to be flexible with time to bring my son to a session any time during the week. So I tried to pick up my son after school and rake him to a session And he tried to me in the car saying “dad says yuh should die.” And started kicking me in the back of my head while I was on the freeway. And then this last Saturday I had a therapy session scheduled since father refused weekday appointments but dad then bullied his way into the therapy room at the beginning, refused to let me speak at all and my son didn’t even get a chance for therapy. My ex just stayed in the room claiming ridiculous claims that I’m bipolar and a drug addict and I sleep with married men, etc etc. another words purposely using the entire time of the session to complain about me so that my son would not get ANY therapy time.
Customer reply replied 9 days ago
We already have joint custody. I just make all decisions regarding the child’s health, education, and well-being.
Customer reply replied 9 days ago
My frustration is that we have been going through all of this since 09.2017 and a judge hasn’t heard testimony one time! I’m feeling very unrepresented.
Customer reply replied 9 days ago
no I won’t go back to California. I can’t survive in California in one income. I already tried.

You just tell lawyer it cannot be continued you want to take your chances in court that the delays are killing you here.I am being honest here I don't think the ex is going to give up here, it seems personal with you .He scares me he's viscous in my mind and I worry about your safety.

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Customer reply replied 9 days ago
He is vicious. He is scary. He drugged and raped me in the marriage. He has molested all of his sisters. He would beat my son. He has then stalked and harassed me for the last 8 years for divorcing him.

Keep trying on the job here, hope you can get better ones.I am proud of what you have done here just to survive and keep fighting for your child .I wish you the best.I don't see him getting support when he owes you this much.,

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Customer reply replied 9 days ago
I have tried to type this message three times and it keeps deleting it
Customer reply replied 9 days ago
My son has tried to kill me three different times in the few three weeks. All my attorney says is the court is ordering you to spend time with your son and you need to control him. “Go pick up your son immediately.”And I am just not listening this time. My son will kill me. It is only a matter of time. He would need extensive therapy and time away from his father before he could even remotely be safe. She won’t listen to me. She is threatening to withdraw if I don’t rake control and go get my son right now.
Customer reply replied 9 days ago
He is 5’3 and 115 lbs. he is aggressive from his father parentally alienating him and father is threatening him that if he doesn’t hurt mom then he will get in trouble so my ex husband has created the perfect weapon.

So maybe you can take someone with you to get him . I think it is important for you to see your son, or at least try.If he gets violent call the police.This is tough all teh way around here for sure.

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Customer reply replied 9 days ago
That is what I have done the last 3 times. It just puts the other person in danger.

It is your call, I can understand your frustration.

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Customer reply replied 9 days ago
I don’t want to give up on my son but he is so dangerous. Part of me feels I should just let father have custody but part of me feels I’m giving up on my son. My son was doing so well and was such a happy and well adjusted little boy until I had to hand him over to dad 4 months ago.
Customer reply replied 9 days ago
2 weeks ago my son got put in Laurel Ridge for attacking a teacher and attacking the principal saying he wanted to kill him.
Customer reply replied 9 days ago
Sorry. Laurel Ridge is a mental facility. He was put on a 72 hour hold.
Customer reply replied 9 days ago
how do I spend time with my son when he is so dangerous.

Again he has real anger issues here and not just toward you here.No easy answers.I feel you are doing the best you can.Short visits in public place with witness.

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Customer reply replied 9 days ago
I look bad in court because my son is homicidal and that gets used against me and now my ex can demand child support. I can barely keep myself afloat as it is.

I think that the court here has some hard decisions.He isn't prospering with the dad.Honestly he is likely to get violent against others at some point.I fear they might institutionalize him.I hope that doesn't happen.I cannot see them giving him sole custody and ordering support here, he owes you alot and has never paid.

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Have a great evening and thanks again for rating 5 stars.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,243
Experience: 30 years in civil, probate, real estate, elder law
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