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  1. #1
    Join Date
    Feb 2009
    Location
    Texas
    Posts
    33

    Default Father Took Daughter

    My ex-husband has possessory conservatorship of my daughter and I have sole managing conservatorship. I have had some problems with my daughter since she started having visitation with her father and her step-mother 5 months ago. Today, he checked her out of school and informed me that he had talked to the police and because of the cps case he filed against me for physical abuse (which was unfounded) and for my dirty ua (they do not do ua's, they do mouth swabs and mine and my husband's came back negative for drugs), he had our daughter in his possession and was going to file paperwork so that he could have custody of our daughter. I was just informed that when she left school today, she told everyone that she would be gone by tomorrow. Our daughter is 14 and in the state of Texas, she can choose where she wants to live, but I thought that it had to go through the courts for the judge to make that decision. I'm not sure if he plans on withdrawing her from school and enrolling her elsewhere, I really know nothing except for where he is living (which is with his divorced parents and his pregnant wife in a 3 bedroom mobile home - only saying that because it's a small house with not even a bed for my daughter). I know that I can file paperwork for contempt, but is there anything else that I can do? Report her as runaway, etc. I have the legal rights as to determine where she lives, her schooling, etc., he doesn't. And is there anything that I can do re. his false allegations for telling everyone that I mentally, emotionally and physically abuse her and that I tested dirty on a drug test? This has been a five month battle that has only gotten worse and worse as the days go on. Someone please help me!

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Father Took Daughter - Texas

    Quote Quoting georgia_matt05
    View Post
    My ex-husband has possessory conservatorship of my daughter and I have sole managing conservatorship. I have had some problems with my daughter since she started having visitation with her father and her step-mother 5 months ago. Today, he checked her out of school and informed me that he had talked to the police and because of the cps case he filed against me for physical abuse (which was unfounded) and for my dirty ua (they do not do ua's, they do mouth swabs and mine and my husband's came back negative for drugs), he had our daughter in his possession and was going to file paperwork so that he could have custody of our daughter. I was just informed that when she left school today, she told everyone that she would be gone by tomorrow. Our daughter is 14 and in the state of Texas, she can choose where she wants to live, but I thought that it had to go through the courts for the judge to make that decision. I'm not sure if he plans on withdrawing her from school and enrolling her elsewhere, I really know nothing except for where he is living (which is with his divorced parents and his pregnant wife in a 3 bedroom mobile home - only saying that because it's a small house with not even a bed for my daughter). I know that I can file paperwork for contempt, but is there anything else that I can do? Report her as runaway, etc. I have the legal rights as to determine where she lives, her schooling, etc., he doesn't. And is there anything that I can do re. his false allegations for telling everyone that I mentally, emotionally and physically abuse her and that I tested dirty on a drug test? This has been a five month battle that has only gotten worse and worse as the days go on. Someone please help me!
    Did CPS already determine that the allegations were unfounded?

    Have you gone to ex's house to get your daughter?
    If not, you should do so now.

  3. #3
    Join Date
    Feb 2009
    Location
    Texas
    Posts
    33

    Default Re: Father Took Daughter - Texas

    Yes, CPS determined the allegations were unfounded. Even the drug tests came out clean.

    I have not gone to my ex's house to get my daughter because every where that I called to get help to get her said that this was a civil issue and they couldn't help me that I needed to go through the court system to get her back. I just found out tonight that she was with her father today (when she should have been in school - she missed half a day on Monday, yesterday and today) at the police department because her father was getting a protective order against me. If he filed to get a protective order, he did it by lying and giving them false information, such as the abuse allegations and the drug allegations. He is continuously telling law enforcement and such about these allegations that are not true. I'm at a loss at what I can do other than hiring an attorney (which I will be doing tomorrow).

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Father Took Daughter - Texas

    Quote Quoting georgia_matt05
    View Post
    Yes, CPS determined the allegations were unfounded. Even the drug tests came out clean.

    I have not gone to my ex's house to get my daughter because every where that I called to get help to get her said that this was a civil issue and they couldn't help me that I needed to go through the court system to get her back. I just found out tonight that she was with her father today (when she should have been in school - she missed half a day on Monday, yesterday and today) at the police department because her father was getting a protective order against me. If he filed to get a protective order, he did it by lying and giving them false information, such as the abuse allegations and the drug allegations. He is continuously telling law enforcement and such about these allegations that are not true. I'm at a loss at what I can do other than hiring an attorney (which I will be doing tomorrow).
    Good grief, GO GET YOUR DAUGHTER!

    Why haven't you gone to the school to get her?

    Go to the school in the AM, if she is not there, tell the school that you believe that her father is keeping her out to keep her away from you. The school cannot do anything, but ask them to document her absences.

    Go to ex's house and demand that he give you your daughter. Of course he may refuse, if he does, go out to your car and call 911. DO NOT tell 911 that you are trying to get your daughter, simply tell them that you belive that your daughter is at that address and you are worried that she may be in danger. DO NOT tell them that she is with her father. The point to this call will be to get it documented that you personally attempted to get your daughter.

    Thyen after doing that, immediately file an emergency petition with the court asking for a court order to be issued ordering ex to return daughter.

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