My question involves a child custody case from the State of: TX
I am about to come to an end of a 2 year custody battle and I hope my story will help others too. Going to try and make it short. Aug 2007 divorce was finalized and I had a 2 year protective order for his violence/abuse towards me. I was awarded sole custody and father standard visitation. Daughter and I moved to CO and I notified ex of this in writting. After my move ex never came to visit saying he was too broke, but had a racing hobby. Oct. 2009 I decided to move back to TX so ex and daughter could spend some time together. I notified ex of this move in writing. He cut off all communication with me and when I asked for his number he wouldn't give it to me. When I moved to TX in Jan 2010 I could not find him. this is when I realized had no contact info for him except an e-mail which he would not respond to. March 2010 I was offered a really good job as an engineer in LA where I also had family. I decided to take the job but didn't plan to stay in LA until July 2010 when i was offered a even better job in LA doing what I went to school for.
March 2011 I was notified of a hearing for child support contempt against him. He counter filed for full custody claiming I was hiding our daughter from him. He filed contempt on me for denial of visitation and interfereing with parent child relationship and not notifing him by cert mail of my moves. I was found not guilty of denial of visitation and interference but guilty of not notifying him cert mail. (He owed me 12K in arrears) He requested amicus attorney for our child. I tried to get the case moved to LA but since I showed up without a lawyer I didnt know that I subbmitted jurisdiction to TX when I appeared in court in TX. Amicus attorneys where appointed for our daughter. Home studys where done.
My daughter told me during my visit with her while she was at her dads for the summer that her half brother bit her on the boob, while they where left home alone. i didnt see any marks and noted in my journal and phoned the amicus attorneys. They went by to see daughter to talk to her but they went on vacation in FL so was unable to see her about this. After comming home my daughter told me that her half brother choked her, slapped her hard enough to fall on the ground, grabbed a knife and said he was going to kill himself and ran away leaving my daughter at home with the 80 g'ma that is unable to walk, barely talk, and is on oxegen. She had a bruise on her chest, which I took her to the doctor for and had recorded. At a more recent visit my daughter told me that her father grabbed her arm and dragged her through the house and a nail was on the floor and left a big scrape on her knee, also took her to doctor for this. My daughter never wants to go to her dads house and cries about 90% when its time to go.
I am very concerned about my daughter's safety while she is over there. I really feel supervised visits will be best for right now, at least for her safety. I am pretty sure the amicus attorneys are on my side with custody staying with me. They even said that I need to retain sole custody and not joint. I am not sure about supervised visits though. This is what I want to go for seeing as we are in court now and the issues should be addressed now. So what do you all think? Is it possible to get the judge to order supervised visit?
(ex has had contact with daughter since June 2011 but didnt start exersizing visits untill xmas of 2011 to current.)