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  1. #1

    Default Is Post Partum Grounds for Judge to Grant Sole Conservatorship to the Father

    My question involves a child custody case from the State of: I'm from San Antonio, Tx and suffered from postpartum depression back in April. I had taken too much medication and I voluntarily checked myself into a Psych hospital for treatment and left my daughter with my ex boyfriends mother (we have known this family and been friends with them for over 20 years), she seemed genuinely caring and I never thought would take my daughter or encourage her son to take her from me...but that is what happened....He filed for temp custody of my 3 month old daughter and said when I got out I would not be able to come get her and take her home...I was devastated!!! I hired an attorney with the help of my family (because I'm financially hurting right now and just had my vehicle repossessed) ...and got some visitation mon-fri 9a-9p I can see her at his mother's residence and I get every 1st 3rd and 5th weekend. We managed to get along for a few months and I thought maybe it would all work out and he'd drop it and we'd be back to normal....ya know, move on and maybe rekindle the relationship. Well I found out I was pregnant....we fought he said we could absolutely not keep it we needed to take care of our current situation and the baby well ...she's still a baby! I opted to go against everything I believe and terminated the pregnancy....he was acting very ugly after the whole thing and very insensitive and just playing on my emotions telling me that we aren't "together" and making comments implying that he may not want to "see" me like that anymore. Anyway.....That evening of the procedure an incident happened at his mom's residence I was going to spend the night...I was in pain, emotionally and physically. A disagreement turned ugly while I was holding my baby ...trying to put her to sleep. His mother and him started yelling and eventually he assaulted me while his mother was tugging on the baby trying to free her from my arms. I didn't let go of her. Never the less the police showed up and I was a crying mess he detained me but I wasn't arrested... he treated me like crap and wouldn't take my statement and didn't let me press charges. I went the next day and filed a report. Cps was notified.....JUST A MESS!! Yes, i have a point...lol. Pictures were taken two days later I was bruised and scratched. Pics were taken of my baby but his mother and EMS said that the redness was from a rash. I say Bull. Now he's violating the court order and won't let me have access to my daughter during the week at his mom's because of what happened there, but my order also says we can modify our order if we have it in writing different visitation methods..

    When this case is assigned to a detective he can either issue a warrant or trash my statement. So if and when I get proof of him assaulting me will that give me more of a chance to winning sole conservatorship of my daughter even if I have to go pro se? Who's case would be stronger his or mine? Mental stability vs. Family violence, is it just a hard case of who is the lesser of two evils? I dunno but sometimes I'm confident and other times I lose all faith...Some help?

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Is Post Partum Grounds for Judge to Grant Sole Conservatorship to the Father

    First I say that you should file contempt against him if he is going against the court order. To be nice and the bigger person, you should contact him and tell him that if he doesn't follow the court order by the next visitation date and time, that you will file at the courts. (Give him a heads up, because it may help in court IF he still goes against the court order after you give him time to reconsider).

  3. #3

    Default Re: Is Post Partum Grounds for Judge to Grant Sole Conservatorship to the Father

    I have been calling him everyday to confirm whether or not he is going to let me see her that day....he so far has been denying me everyday....so I've been keeping a journal of our conversations leading up to him saying "no" each time, after that I call the police and file a report over the phone and obtain a case # with the detective I spoke to and their badge #.... I have given him heads up plenty of times...and advised him that going against a court order will not "help" him...I've stressed it so many times....but he apparently thinks he knows more than my lawyer and the judge! He intimidates me so much and I'm scared of his confidence in himself to break an order. I'm wondering what his strategy is going to be ...is it genius ? Or is he really that ignorant to think that he will get full custody by violating the order and pending a possible assault charge! CRAZY! By the way is assault with B.I. a Felony in Texas? ....and the fact that he assaulted me while the baby was in my arms...does that change anything?

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Is Post Partum Grounds for Judge to Grant Sole Conservatorship to the Father

    I'm not familiar with criminal (assault) cases and frankly I don't know what a BI is. I am sure that you can either google it or ask on this website but in a different forum (criminal cases).

    As for the other statement/questions: You need to get copies of the reports filed with the police. You need to file for contempt and attach those reports as evidence. When you are in front of the judge, you can make reference to your journal of how many times you tried to work with him and see your child.

    Unless there is something you aren't mentioning here, he is ignorant to think he can violate a court order without repricussions.

  5. #5

    Default Re: Is Post Partum Grounds for Judge to Grant Sole Conservatorship to the Father

    Thanks for your input!

    oh yeah .....the BI part meant with Bodily Injuries......I got photos taken a couple of days later and had several bruises on me..

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