Accused of Prostitution by My Ex- During Custody Proceedings

My question involves a child custody case from the State of: Texas

I filed custody and child support, asking for just daycare expenses, and to keep our son on his insurance(which was free through his job). He filed countersuit, and here's what happened over a total of 6 months.

We had original hearing, we were in and out in less than an hour(including wait time). I had temporary primary orders, father had visits, and no CS til mediation. Sounded decent. Go to mediation, father and lawyer had outrageous demands, we were out in under an hour again, because my lawyer saw it for the fishing expedition it probably was, and showed the TRO for when father struck me on 2 different occassions while exchanging our son.

6 weeks later, we show for final order/judgement with judge, father has managed to pull up all this evidence of this online prostitution(escort? who knows) ring/forum membership, complete with all facebook photos of mine, from before we even had our son(you could tell the age, because I used to have long brown crazy curly hair, and now, a medical unknown has caused hair to grey and thin out). He states he has proof from alleged bank statements, that I had paid for these memberships, and that I was "couch bouncing". My lawyer stepped in, said he wanted a continuance so that he had a chance to review evidence, and something about proving residency for myself. He also pointed out that father was not on birth certificate, had not signed an AOP, and child should stay with me in the meantime, as I'd been primary custodian for the 4 years since child was born, and referenced the above mentioned TRO for assault.

Judge said fine, 1 week.

We go back the next week, with my showing of proof of my lease that was almost 15 months old, receipts that I'd always paid on time, letters of reference for paying utilities on time(from utility companies), so that we could knock the "couch bouncing" thing out. We had letters from the 2 escort sites, stating that each membership had only been opened within last 90 days, and that although they couldn't release the card information of the member, they did release the IP address from which the memberships were opened(these letters were accompanied with a letter verifying my IP address-which did not match the site's records). We had already asked for a letter from father's lawyer, determining the IP address at his home. It matched the IP address on the site's letters. We accompanied this with the print outs of my job's time clock(the kind you have to have a thumb print for, so there's no "cheating" for a coworker), and proof from my desk(debt collector), showing I hadn't left my station at the time these memberships were opened.

Judge didn't even look at it, handed it to her assistant(clerk?), who filed it away, and proceeded to tell my lawyer it wasn't enough proof to discount the prostitution, and that she didn't care about the (still in standing) TRO, and that it couldn't be proven that he had struck me. Father's went even further to say a possible "client" could have done it, and I'm trying to cover my tracks, and the JUDGE AGREED.

We filed an appeal within the alloted time, and she is the one who heard the case, AGAIN. She "stands by her previous decision". I ran out of funds with the appeal, and so cannot figure out what to do from here.

Now, my son is with his father, the Judge isn't even looking at the information my lawyer provided, and after requesting a copy of the judge's notes and folders, all the paperwork we turned in, IS GONE, and the transcripts were originally "unavailable", now, they can't be found!!!

I spent all my savings and sold everything I could to get this lawyer. He's willing to work "on call" in between other cases for a lowered fee, but said he's not sure just how many times he can actually appear in court on a payment plan like that. But, the child support I was ordered to pay is higher than normal(despite father making 3 times more than I), and any "extra" money goes towards that. I can't get a 2nd job, because I work 10 hour days, and those hours aren't set(plus, I make okay money, plus the benefits? I'd never find another job like this, and I'd have to wait 3 years to change support order apparently).

Can anyone suggest another option? Lawyer is positive we won't get her removed, bc anyone can "mess up" when it came to the file(apparently!), and her assistant judge, although nice, is not able to see our case, BC if I remember correctly, she's related to opposing counsel somehow.

I know this is long, but I was trying to be as to the point as I could be.

Quote:

---

Quoting CrazyTex

---

I filed custody and child support, asking for just daycare expenses, and to keep our son on his insurance(which was free through his job). He filed countersuit, and here's what happened over a total of 6 months.

---

This would have been the first custody order? You were never married to the father?

Quote:

---

Quoting CrazyTex

---

We had letters from the 2 escort sites, stating that each membership had only been opened within last 90 days, and that although they couldn't release the card information of the member, they did release the IP address from which the memberships were opened(these letters were accompanied with a letter verifying my IP address-which did not match the site's records).

---

Perhaps it's not intentional, and we're supposed to infer that you're denying the allegations, but you have not actually denied the allegations.

If you never denied working as a prostitute, and focused all of your energy on claiming that the memberships the father was pointing to were opened by somebody else, the judge may have viewed your efforts as a smokescreen.

Quote:

---

Quoting CrazyTex

---

...TRO, and that it couldn't be proven that he had struck me.

---

The TRO was issued by the same judge? Weren't the police involved in those prior incidents? No charges? No prosecution?

Quote:

---

Quoting CrazyTex

---

We filed an appeal within the alloted time, and she is the one who heard the case, AGAIN. She "stands by her previous decision".

---

What you're describing is a motion for rehearing, not an appeal.

Quote:

---

Quoting CrazyTex

---

Now, my son is with his father....

---

You haven't actually told us the judge's custody ruling. Your statement could mean anything from "the father is presently exercising visitation" to "the father got full custody and I don't have any visitation at all".

Quote:

---

Quoting CrazyTex

---

...the Judge isn't even looking at the information my lawyer provided...

---

That's what happens once a case is over.

Quote:

---

Quoting CrazyTex

---

...and after requesting a copy of the judge's notes and folders, all the paperwork we turned in, IS GONE, and the transcripts were originally "unavailable", now, they can't be found!!!

---

Talk to your lawyer. Often when the files aren't in the file room, it's because they're still in the judge's chambers.

Quote:

---

Quoting CrazyTex

---

But, the child support I was ordered to pay is higher than normal(despite father making 3 times more than I), and any "extra" money goes towards that.

---

What makes the support "higher than normal", and why would the judge order support that is "higher than normal"? Texas normally applies a straight percentage. Is it that the judge found that you were under-reporting your income?

Really, nobody here is going to be able to give you a better perspective on your case and alternatives than your present lawyer. The details of what happened in court are crucial to any meaningful assessment.

It should be noted there is a difference between an escort and a prostitute. Even if it is sometimes only opportunity and double pay.

Quote:

---

Quoting Mr. Knowitall

---

This would have been the first custody order? You were never married to the father?
No, we were not married

Perhaps it's not intentional, and we're supposed to infer that you're denying the allegations, but you have not actually denied the allegations.
See below, sorry about that!

If you never denied working as a prostitute, and focused all of your energy on claiming that the memberships the father was pointing to were opened by somebody else, the judge may have viewed your efforts as a smokescreen.
I did argue, well, the lawyer did, and that was why the judge gave us the week, as my lawyer stated he wanted to prove I didn't make the accounts, etc. Plus, when I say "bank statements", they were Father's bank statements. We both changed all of our banking when we split. How would I have had his CC info to use it online?!(My lawyer argued that as well). The argument was the paper work we turned back in. We proved that the IP address used to make the account, was HIS, and that it was HIS CC used to make the accounts as well

The TRO was issued by the same judge? Weren't the police involved in those prior incidents? No charges? No prosecution?
No, but the police were involved, and pictures and report was made within 15 or 20 minutes of the drop off time. As well, the 2 clerks at the gas station, did witness statements on the scene. Also, charges are still pending for it, and the charges are assault, and endangering the welfare of a child(I was hugging my son the first time he did it, and he reached across my son as I stood, and slapped me. A woman in the parking lot spoke with police then, as she's the one who called it in. She had even taken a couple pictures. I don't even know the woman, but her witness statement said she "saw him come jumping out of his car", and she thought something was wrong, so she called. The 2 clerks were witnesses, when he struck me the 2nd time, and this time, he shoved me into the side of my truck, and slammed the door on my back, while I was still helping my son into the(very tall) cab.

What you're describing is a motion for rehearing, not an appeal.
I thought it had said appeal, I apologize

You haven't actually told us the judge's custody ruling. Your statement could mean anything from "the father is presently exercising visitation" to "the father got full custody and I don't have any visitation at all".
I apologize, again. He has full primary, as well as Sole Managing Conservatorship, and I have your standard texas visitation schedule


Talk to your lawyer. Often when the files aren't in the file room, it's because they're still in the judge's chambers.
That's what we thought, so we went ahead and I paid the fee to have it all copied. But that's not what happened. The file is missing things, and the clerk says they were "misplaced". In fact, here we are a couple months later, and the papers in the file are still missing. The clerk said that sometimes things get lost, and nothing can be done about it. Which means, NONE of the evidence my lawyer turned in(papers from above, and copy of the TRO in place, and MY original filing) are in there. Yet, everything from father's attorney is intact. As for the transcripts, the clerk says that errors can happen with the computer system they use, and they happen often. WOW.

What makes the support "higher than normal", and why would the judge order support that is "higher than normal"? Texas normally applies a straight percentage. Is it that the judge found that you were under-reporting your income? I've worked at the same job since before I got pregnant with my son. I hold a CNA certification, but a check with the state nursing board can show I haven't used it except every couple years, when I intentionally work 2 days with a home health agency to keep the Cert. intact. Otherwise, both bank statements(2 savings, 1 checking), as well as my returns for the last 7 years, show just the 1 job, plus every few years, the extra $100 or so I make with the agency. I'm not on their list to call, I just call an agency and tell them it's expiring, and they give me a couple days work, to keep it going. I do this at Christmas, on the even years. 1 checking is through my school, and the only deposit there, was an extra $600 left over from 2 different pell grants(which I only got 2, and school is done). My tax returns show that stuff, because the school sends that, along with the 1098T.

Really, nobody here is going to be able to give you a better perspective on your case and alternatives than your present lawyer. The details of what happened in court are crucial to any meaningful assessment.

Alright, well, thank you for the reply!

---

It should be noted there is a difference between an escort and a prostitute. Even if it is sometimes only opportunity and double pay. Quote from other poster--
To this, I kind of giggle! Because it's my ex sister in law telling us there's a difference in a "Crack Wh*re", and a "Crack Dealer", and "she doesn't deal"....LOLOL

Of course there is always the option she is not a prostitute, she is a substitute and only works on weekends.

Quote:

---

Quoting Disagreeable

---

Of course there is always the option she is not a prostitute, she is a substitute and only works on weekends.

---

OMG, you gotta stop. You're giving me ammo for the Christmas party at my in law's this weekend. She's one of those ones who post stuff on facebook, and if you see it and say something, she deletes it, so her grandma and father don't see it.

ROFL sorry. :cool:

Then there is always "Its one thing if you take one for the team, but taking on the whole team was just not necessary."

Seriously though, you should look him dead in the face and tell him what a compliment it was to you that he went through all that trouble to fabricate proof any man who met you would want you. It shows just how insecure he is with his own manhood.

Quote:

---

Quoting Disagreeable

---

ROFL sorry. :cool:

Then there is always "Its one thing if you take one for the team, but taking on the whole team was just not necessary."

---

Oh. My. God.

Yep, just peed a little. One of the best parts about being a woman over 40 who has given birth. You sneeze or laugh too hard and you pee a little. :wallbang:

Don't feel too bad, on my mighty list of disabilities are incontinence problems also. I think the only body systems I have not compromised are some of the internal organs.

Quote:

---

Quoting EA1070a

---

Oh. My. God.

Yep, just peed a little. One of the best parts about being a woman over 40 who has given birth. You sneeze or laugh too hard and you pee a little. :wallbang:

---

Quote:

---

Quoting EA1070a

---

Oh. My. God.

Yep, just peed a little. One of the best parts about being a woman over 40 who has given birth. You sneeze or laugh too hard and you pee a little. :wallbang:

---

Bahaha, OMG right?! You sneeze, you pee. You laugh, you pee. Stand up to fast, and you're not real sure what happened, but you're rushing to check!


@Disagreeable-

Husband said same thing, that I must be on their minds a lot, him and his new wife, for them to spend that kind of time. Guess what I just found? A friend on my FB, with no pictures, and no "about me". Makes me wonder.

As for the sister in law, I'm so tempted to be casual and ask "So, do you deduct free rides and samples on your taxes? Or just consider it non-deductible community contributions"? LMAO!

It has got me wondering, after a weird attitude and face she made after seeing my ex's photo, whether or not they know each other. BC we're pretty sure SIL is doing "it", as who the hell wears high heels to work at a meat market??? But, her reaction was so odd, that FIL asked her if she knew him. Her reaction to him was even weirder, and she all of a sudden had to go. In hindsight, this was just a couple weeks before he attempted this crap. Probably a TRUE longshot, but, it's a small enough town, you can't throw a stick and find someone who doesn't know me. I was born here, as with everyone on the Maternal side of my family.

As an end note, you 2 (ladies?), blow my mind, LOL!