Judge's Custody Orders Affecting Step-Parents
My question involves a child custody case from the State of: Texas
We recently had a final trial in regards to the custody of my two children. While suffice it to say that many things did not go the way they should, my main question is the legality of some of the things he has ordered....
1. I must remove any and all pictures of my children from my secure website, which is not searchable on google, nor viewable to the general public (it is password protected), nor am I allowed to post any pictures of my children anywhere on the internet in any way, shape, or fashion. (this would include uploading them to places like Walmart.com or walgreens.com to have them printed out)
2. Corporal punishment is not allowed by either step-parent, only the mother and father. To go even further, he is restricting either step parent from being able to discipline the children, stating that it is not right for a step parent to discipline a child.
3. The father may have either himself or a designated adult of his choice deliver/pick up the children, but because the father is uncomfortable with the step-father, the mother is not allowed this. It must be her or she must forfeit her time of posession.
4. Both step-parents have been ordered to anger management classes.(Both biological parents are ordered to it as well) As one of the biological parents, I don't think either step parent needs this. Neither have ever had any anger issues alleged, nor was it requested by either biological parent. As the ordered classes are nearly 400.00 per person, I find this rather outrageous. Also, since one of the step parents is full time military, having such classes on his record could be very detrimental to his career. What would be the repurcussions of NOT taking these classes?
The judge firmly believes that there is alot more tension and anger between the biological parents than truly exists. Both parents agree that the ruling was over the top. The children have never been in any imminent danger with either parent, and neither is abusive or neglectful in any way.
As one of the parents, I am just curious when it became the job of a judge to create laws instead of uphold them, and since none of the orders he has put in place are "law" how can they be enforced?
Re: Judge's Orders...is This Legal?
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jb1107
As one of the parents, I am just curious when it became the job of a judge to create laws instead of uphold them, and since none of the orders he has put in place are "law" how can they be enforced?
When a Judge errs in determing the law and is reversed, it is said they abused thier discretion (abuse of discretion). Don't let the term fool you into believing the abuse was intentional, it is simply legal phraseology.
I do suppose there have been rulings in the past where Judges have intentionally abused thier authority and ruled outside the law as they know it, corruption, nepotism, etc.
There is a universe of case law out there.
Even the U.S. Supreme court does not always rule 9-0 on law.
Bottom line, his Orders ARE law. If you disagree, you have a right to appeal.
Re: Judge's Orders...is This Legal?
So are you stating that we can be held in contempt if we do not follow his orders to the letter, even if both parents agree differently?
The only person that seems to be hell-bent on dragging us back to court over and over again is my ex's lawyer, who is also the only one stalking my children on the internet. Honestly makes me wonder if he is the pedophile that he seems so overly concerned about hunting down my children. My website was in existance for over 3 years prior to the divorce (and public) before he kept traipsing into court with the pictures I had posted on my website, claiming I was endangering my children. It was never an issue with my ex, until his lawyer brought it up.
Is there somewhere I can go to learn about how to file an appeal to the ruling? Since this is the district judge that ordered this, how can I appeal to a higher judge, as every appeal or filing done thus far has ended up with him? He has made poor decision after poor decision in our case, and neither parent is satisfied with his orders, but since my ex has primarily gotten what he wanted, I doubt he would want to appeal. ( I went to trial without an attorney, his family has paid for his until recently, and he tried to get his atty fees reimbursed but I won that battle).
My spouse and I are debt free, and do not feel we should continue to line pockets of attorneys and sacrifice our financial security to do so, just to continue a battle that nobody wants to fight but my ex's attorney. (He's made a gold mine off of it, so I can see why he doesn't want it to be over) We have already experienced persecution at the hands of the judicial system just for being Christian, (the social worker told the judge that I was weak minded and unable to make decisions for myself because I stated that I deferred to my husband when we had to make decisions--I told her that I believed the husband was to be the head of the household) so we half expect things like this, but we feel that the judge has really taken the law into his own hands in preventing us from having a unified house with the same rules and punishments for breaking the rules for all the children in the home. It is difficult now because his child must follow our house rules, but my children know they cannot be disciplined by their step parent at my home, and of course, they use that to their advantage. (we have sole custody of his child 100% of the time)
I know the first thing most will say is that I need an attorney. I have had 3. Having one vs not having one has made absolutely no difference whatsoever.
Re: Judge's Orders...is This Legal?
Q: So are you stating that we can be held in contempt if we do not follow his orders to the letter, even if both parents agree differently?
A: Yes.
Re: Judge's Orders...is This Legal?
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jb1107
So are you stating that we can be held in contempt if we do not follow his orders to the letter, even if both parents agree differently?
Yes, very possible.
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Is there somewhere I can go to learn about how to file an appeal to the ruling? Since this is the district judge that ordered this, how can I appeal to a higher judge, as every appeal or filing done thus far has ended up with him? He has made poor decision after poor decision in our case, and neither parent is satisfied with his orders, but since my ex has primarily gotten what he wanted, I doubt he would want to appeal. ( I went to trial without an attorney, his family has paid for his until recently, and he tried to get his atty fees reimbursed but I won that battle).
Learning to file an appeal with no previous legal experience, in a short time as the rules allow is problematical.
Since you address your attorneys in your last statement, all I can say is research real fast at a college/univerity law school law library. Maybe some law students can point you in the right direction to start with.
I don't know if this court decision is appealable at a level before the state court of appeals is sought or not??
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I know the first thing most will say is that I need an attorney. I have had 3. Having one vs not having one has made absolutely no difference whatsoever.
I know the frustration, believe me. Retaining counsel does not guarantee you will come out better then when you started and maybe come out far worse.
I have had a few legal problems in the past, and I could find no attorney willing to put time/money into, so I had to represent myself, once in Federal court.
I don't what else to say, except good luck!!
BOR (Bill of Rights)
Re: Judge's Custody Orders Affecting Step-Parents
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If you disagree, you have a right to appeal
Come on BOR...You know that she will not be able to appeal just because she doesn't like the CO. There must be an error in law for an appeal. Personally I don't see anything she posted that could be termed an error in law. For example, there is a bunch of case law with orders that include step-parent being prevented from punishing/abusing/striking their stepchildren.
Re: Judge's Custody Orders Affecting Step-Parents
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Baystategirl
Come on BOR...You know that she will not be able to appeal just because she doesn't like the CO. There must be an error in law for an appeal. Personally I don't see anything she posted that could be termed an error in law. For example, there is a bunch of case law with orders that include step-parent being prevented from punishing/abusing/striking their stepchildren.
Of course I know there must be assignments of error, silly girl!!! :)
When I said if she does not like the Order she can appeal, I did not mean it as an equitable remedy but one based in law.
However, the law is many times interpretive and as you well know, inferior court decisions are overturned everyday!!
A good attorney can always find some degree of error in a decision.
It is also a fact some file appeals knowing darn well they have little chance of winning, citing thier case law or not, IF the appeals or de novo court finds in thier favor... there ya go!!!
From the facts of the post, there may be no facial assignments, but we have NOT read the decision either.
Re: Judge's Custody Orders Affecting Step-Parents
I could read some of these orders and swear that my judge ordered them. The minute I read it I thought... somewhere in there a step parent or both sets of step parents have already overstepped their bounds already in some way, shape of form and the judge is making sure that it doesn't get any worse. Here's a tell tale statement that says not everything is honky dory in paradise and not everyone is getting along like the OP would like everyone to believe...
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because the father is uncomfortable with the step-father,
I personally like the order and see nothing wrong with it, except
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The father may have either himself or a designated adult of his choice deliver/pick up the children, but because the father is uncomfortable with the step-father, the mother is not allowed this. It must be her or she must forfeit her time of posession.
I think mom should be able to designate someone else instead of her (e.g. her mom, sister, neighbor.... whoever)
Re: Judge's Custody Orders Affecting Step-Parents
I agree.
This has the flavor of a judicial smack down.
That doesn't make it wrong... it means the judge has had enough of adults acting like children.
Re: Judge's Custody Orders Affecting Step-Parents
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jb1107
The judge firmly believes that there is alot more tension and anger between the biological parents than truly exists. Both parents agree that the ruling was over the top. The children have never been in any imminent danger with either parent, and neither is abusive or neglectful in any way.
I'm asking this for my own education...
If there was not a lot of tension and anger then why did your case go before a judge in the first place? In Texas are you not allowed to work everything out amongst yourselves and just have a judge rubber stamp their approval?