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Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing

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  • 03-23-2010, 12:41 AM
    duty2kids
    Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    My question involves child abuse or neglect in the State of: TEXAS

    Three days after my decree was entered, I discover through a friend that EX is AGAIN abusing and trafficking pain pills. I gave tons of evidence to custody evaluator and my lame ex attorney including (1) "doctor shopping" - prescription records documenting her filling prescriptions for hydrocodone from 5 different doctors, none of which is her primary care physician; (2) audio recordings wherein she admits to illegally obtaining and distributing with the children present hydrocodone, xanax, and provogil, including 2 incidents with the children present. (3) Audio recording of her friend stating that she and EX purchased pills from a “dealer”; (4) text messages, email, US mail from friends evidencing distribution. My evidence was not even acknowledged in the custody evaluator's report, nor was any of it introduced by my former attorney in Court. Ex cleaned up for a few moths for the purpose of the case and custody evaluation and is now back at it again.

    I audio recorded my sessions with custody evaluator, wherein he states that he is a 30 year "buddy" of opposing counsel. I am quite certain, based on the resulting report and recommendation, that the report is not only biased but fraudulent. The report and custody evaluator's testimony is FILLED with false and misleading statements of material fact and he has gone to great lengths to minimize and conceal my ex's many, many issues including her drug abuse, physical abuse of me and the children, inability to manage the children's education, and mismanagement of their medical needs.

    So now what do I do? My inept ex attorney collected his $40K and now I'm broke. I know I can file a motion for a new trial and can definitely do a better job of presenting my case myself. I really don't even want another attorney based on what I've seen. But will I even be granted a new trial? So, I think I understand that I can not re-argue the case now that the decree is entered but must present new evidence in a motion for a new trial? I have requested "findings of fact and rulings of law" so should I wait to receive this before filing a motion for a new trial? Or file a motion now?

    Since trial, my ex 1) continued abusing controlled substances; 2) i have received emails, phone calls, and notes from the children's teachers that homework is not being completed on her possession time; 3) i have new evidence that she has mismanaged the children's medical needs before and after trial.

    Is any of this grounds for an emergency order? If so, exactly how to I proceed? By motion(s)? What do I name the motion(s)? By Petition? Is there a form? (if so, the law library is clueless)

    I'm just sick about this whole thing and worry constantly about my kids while they are in her possession. My ex should have been ordered to an in-patient substance abuse treatment facilty when I first filed for divorce with evidence in hand. Here we are 15 months later and she still needs to be ordered to treatment. What about my kids? I keep getting told that the bar is low for posession in the Courts. How can a concerned parent accept a statement like this?

    Should I call the police and turn all my evidence over to them? CPS? I just can not let this continue.

    Thank you in advance for your advice.
  • 03-23-2010, 04:11 PM
    Xena
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    Quote:

    Quoting duty2kids
    View Post
    My question involves child abuse or neglect in the State of: TEXAS

    Three days after my decree was entered, I discover through a friend that EX is AGAIN abusing and trafficking pain pills. I gave tons of evidence to custody evaluator and my lame ex attorney including (1) "doctor shopping" - prescription records documenting her filling prescriptions for hydrocodone from 5 different doctors, none of which is her primary care physician; (2) audio recordings wherein she admits to illegally obtaining and distributing with the children present hydrocodone, xanax, and provogil, including 2 incidents with the children present. (3) Audio recording of her friend stating that she and EX purchased pills from a “dealer”; (4) text messages, email, US mail from friends evidencing distribution. My evidence was not even acknowledged in the custody evaluator's report, nor was any of it introduced by my former attorney in Court. Ex cleaned up for a few moths for the purpose of the case and custody evaluation and is now back at it again.

    I audio recorded my sessions with custody evaluator, wherein he states that he is a 30 year "buddy" of opposing counsel. I am quite certain, based on the resulting report and recommendation, that the report is not only biased but fraudulent. The report and custody evaluator's testimony is FILLED with false and misleading statements of material fact and he has gone to great lengths to minimize and conceal my ex's many, many issues including her drug abuse, physical abuse of me and the children, inability to manage the children's education, and mismanagement of their medical needs.

    So now what do I do? My inept ex attorney collected his $40K and now I'm broke. I know I can file a motion for a new trial and can definitely do a better job of presenting my case myself. I really don't even want another attorney based on what I've seen. But will I even be granted a new trial? So, I think I understand that I can not re-argue the case now that the decree is entered but must present new evidence in a motion for a new trial? I have requested "findings of fact and rulings of law" so should I wait to receive this before filing a motion for a new trial? Or file a motion now?

    Since trial, my ex 1) continued abusing controlled substances; 2) i have received emails, phone calls, and notes from the children's teachers that homework is not being completed on her possession time; 3) i have new evidence that she has mismanaged the children's medical needs before and after trial.

    Is any of this grounds for an emergency order? If so, exactly how to I proceed? By motion(s)? What do I name the motion(s)? By Petition? Is there a form? (if so, the law library is clueless)

    I'm just sick about this whole thing and worry constantly about my kids while they are in her possession. My ex should have been ordered to an in-patient substance abuse treatment facilty when I first filed for divorce with evidence in hand. Here we are 15 months later and she still needs to be ordered to treatment. What about my kids? I keep getting told that the bar is low for posession in the Courts. How can a concerned parent accept a statement like this?

    Should I call the police and turn all my evidence over to them? CPS? I just can not let this continue.

    Thank you in advance for your advice.

    Take all of the evidence to the police.
    If they think it is worth investigating, and especially if it leads to an arrest, then you will have alot more to go into court with.

    In the mean time, get a consult with another attorney to see what your options are at this point.
  • 03-23-2010, 06:40 PM
    duty2kids
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    Thank you Xena! Definitely considering the police option. Is there a downside to my initiating a criminal investigation to leverage in a civil case? An attorney once warned me about this. However, the final decree has been entered....wondering if that matters? Texas Family Code reads:

    Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:

    (1) has been convicted of a felony;

    (2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and

    (3) has not been pardoned.

    (b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.

    Is this at all relevant now? I just feel like I need to do anything/everything I can to protect my kids!
  • 03-24-2010, 07:33 AM
    homesweethome
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    As far as you not wanting to get a new attorney I would recommend against it, I recently divorced about a month ago and it was an extremely simple divorce. I wasnt married very long, there was no community property, we never merged any assets and didnt live together. Dumb mistake. But because of the simplicity I figured I could take care of it myself but I almost filed in the wrong county which would have cost me $250 filing fee as well as waiting weeks for a court hearing only to be told I was in the wrong place, my papers were incorrect and I wouldnt have known what to do at the hearing.

    The only reason it didnt happen was because an aspiring lawyer offered to help me for free due to the simplicity as long as I helped get him other clients. Saved me months of agrivation.
  • 03-24-2010, 12:49 PM
    Xena
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    Quote:

    Quoting duty2kids
    View Post
    Thank you Xena! Definitely considering the police option. Is there a downside to my initiating a criminal investigation to leverage in a civil case? An attorney once warned me about this. However, the final decree has been entered....wondering if that matters? Texas Family Code reads:

    Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:

    (1) has been convicted of a felony;

    (2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and

    (3) has not been pardoned.

    (b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.

    Is this at all relevant now? I just feel like I need to do anything/everything I can to protect my kids!


    No, this section isn't relevent now since you are already divorced.

    You'll need to find the statutes relating to custody and see if there is anything in them about custody and felony conviction.
  • 03-25-2010, 09:10 PM
    JCBaker
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    I'm not familiar with Texas law, however I do suggest you report your findings to Child Protective Services immediately and if possible show them your evidence and proof of his activities. Chances are they will immediately come in and take the children out of his care because of the drugs. drug use IS child abuse. period. Child Protective Services should automatically communicate with law enforcement to file criminal charges of child abuse, child neglect, drug use, possesion, ect... against him. If he is convicted, he will most likely never get anything more than supervised visitation ever again once he is out of jail. As long as there is nothing showing that it is not safe for the children to be in your care, Child Protective Services and Law Enforcement should be able to get the courts to grant you temporary custody until the drug issues are taken care of.
  • 03-25-2010, 09:20 PM
    Dogmatique
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    Quote:

    Quoting JCBaker
    View Post
    I'm not familiar with Texas law, however I do suggest you report your findings to Child Protective Services immediately and if possible show them your evidence and proof of his activities. Chances are they will immediately come in and take the children out of his care because of the drugs. drug use IS child abuse. period. Child Protective Services should automatically communicate with law enforcement to file criminal charges of child abuse, child neglect, drug use, possesion, ect... against him. If he is convicted, he will most likely never get anything more than supervised visitation ever again once he is out of jail. As long as there is nothing showing that it is not safe for the children to be in your care, Child Protective Services and Law Enforcement should be able to get the courts to grant you temporary custody until the drug issues are taken care of.

    WHOA.

    You're WAY off base here. Drug use IS NOT automatically considered to be child abuse - PERIOD. There are MANY CURRENT drug users who retain custody of their children, and even with a conviction, UNsupervised visitation is very frequently the norm. And the fact that in this case legitimate prescriptions are being used, the likelihood of supervised visitation is slim to none. Furthermore, the drug use must be shown to DIRECTLY endanger the children.

    I get that you want to help, and that's great - but please, do NOT post inaccurate information. Because that doesn't help anyone.
  • 03-25-2010, 11:58 PM
    duty2kids
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    Quote:

    Quoting JCBaker
    View Post
    I'm not familiar with Texas law, however I do suggest you report your findings to Child Protective Services immediately and if possible show them your evidence and proof of his activities. Chances are they will immediately come in and take the children out of his care because of the drugs. drug use IS child abuse. period. Child Protective Services should automatically communicate with law enforcement to file criminal charges of child abuse, child neglect, drug use, possesion, ect... against him. If he is convicted, he will most likely never get anything more than supervised visitation ever again once he is out of jail. As long as there is nothing showing that it is not safe for the children to be in your care, Child Protective Services and Law Enforcement should be able to get the courts to grant you temporary custody until the drug issues are taken care of.

    CPS scares me...I've heard too many horror stories. Also, EX (she) is a master manipulator and came up with some incredible fabricated allegations through the course of this case and would definitely retaliate. I don't want my kids in a foster home for any lenghth of time. I'm leaning toward turning over all my evidence to the police. If they decide she's commited felonies, I assume that would pretty much seal the deal on the possession issue. I just wish she would check herself in to treatment....for the last 15 months I've begged her, her attorney, and the custody evaluator only to be met with concealment, denial, hostility, and false allegations toward me. I really just want her to get well for the sake of the children, but she has left me no other options. Every day that passes is a risk to my children.
  • 03-29-2010, 11:30 PM
    duty2kids
    Re: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    So, here are my options as I see them:

    (1) File a Motion for Emergency Ex Parte Order / Petition for Custody. But, do I have enough drug evidence since Trial? Can I use my hearsay evidence backed by evidence that the Court never heard pre-trial? Can/Should I further support Motion with school and medical management issues, or save these issues for a Motion to Modify? Should I file Motion to Modify at the same time?

    (2) Call the police and turn over all of my pre-trial evidence. If it sticks (I have to believe it would, based on strength), then file for Emergency Order and Modification? What if it doesn’t stick? I have some reservations about this, primarily the impact on my children if their mother is arrested and jailed. But weighed against the safety of my kids?

    (3) File a Motion For a New Trial. I still have about two weeks to do this, but what if it’s denied? I have already filed a Request for Findings of Fact and Rulings of Law.

    Any feedback on my questions and strategy would be greatly appreciated. This is so time and mind consuming!

    Thanks!
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