I have a situation I’m dealing with and while I’d like to think I know the outcome, it’s hard to say for sure. I’m looking for some insight, advice, and to hear from anyone who has gone through something similar. Three years ago, I was named the sole managing conservator for my daughter, who is now seven, through temporary orders. Our final hearing is coming up in a few weeks. The reason I was named the managing conservator was due to my daughter’s mom’s previous family violence conviction for trying to stab me, along with her history of child abuse and neglect with CPS. She still has rights regarding possession and access, and she is supposed to pay support, but she hasn’t really come around much and hasn’t paid support. About a year into the temporary orders, there was another incident of family violence between her and her spouse, and she was cited for Assault Family Violence by Contact, which is a Class C Misdemeanor. She never showed up in court for that and now has a warrant out for her, but because it’s municipal, they won’t act unless she’s caught in the city where it happened. I managed to get a restraining order against her through our suit due to that incident. We later made an agreement to resume possession as long as she completed a family violence assessment by a deadline, but she never followed through with that. I allowed her to see our daughter to avoid being held in contempt while trying to get my attorney to take action. My attorney didn’t do anything and basically told me to be happy with the temporary orders. I ended up firing him and stopped allowing her to see our daughter to keep her safe. I resumed limited possession for her, but then she assaulted me while I was holding our daughter and took her from me. I called 911, and she ran away. The police weren’t very aggressive in trying to catch her since they wanted to ensure I was okay. Later, she contacted me and said she’d return our daughter if I told the police she never assaulted me and that I wouldn’t press charges. I declined, and the police took my statement and filed a report with the district attorney. I got our daughter back the next day from her aunt, who didn’t want to be involved. Since then, I’ve ignored the mom. She called CPS three times claiming I was sexually assaulting her and our daughter, but each time, they found no evidence. This went on for about eight months until I finally hired another attorney and set the final hearing. Last week, I heard from the district attorney that they are filing a case and a warrant for her arrest. It took nine months, but better late than never. The warrant was issued five days later for a felony, Assault Family Violence with a Previous Conviction. She’s currently on the run. I know she’ll be arrested at court if she hasn’t been by then, but if she gets arrested and bonds out before the hearing, what should I expect? I know she’s planning to have her friends and family testify against me, which is expected, but I doubt the court will spend all day listening to them point fingers at me. My attorney is confident, and I am for the most part, but it’s still nerve-wracking. All these false allegations and lies she’ll throw at me are tough to deal with. I’m literally the only one taking care of our daughter. I handle school drop-offs, doctor’s appointments, and I provide financially. I have my own home, car, and career. I do have a long criminal history, but it’s all from before my daughter was born. I know that won’t be an issue since I was named sole managing conservator through temp orders. I’ve cleaned myself up and been stable for over seven years now. I guess I’m hoping her history of family violence will outweigh her lies.
It sounds like you’ve been through a lot. I think the court will look at her history seriously. Have you been keeping records of everything?
LegalEagle101 said:
It sounds like you’ve been through a lot. I think the court will look at her history seriously. Have you been keeping records of everything?
Yes, I have all the police reports and documents from everything that’s happened. I think it’ll help my case.
I’m glad you got a new attorney. It’s important to have someone who will advocate for you. Just be prepared for her to try to manipulate the situation.
Vero said:
I’m glad you got a new attorney. It’s important to have someone who will advocate for you. Just be prepared for her to try to manipulate the situation.
I’m trying to stay focused on what’s best for my daughter. I know she’ll try to twist things.
I’ve heard similar stories where the parent with the history of violence gets taken seriously by the court. Just stay strong.
Make sure you keep a cool head during the hearing. The court will appreciate your stability and commitment to your daughter.
The court usually prioritizes the child’s safety. Just focus on that. If you have solid evidence, you should be in a good position.
Masitsa said:
The court usually prioritizes the child’s safety. Just focus on that. If you have solid evidence, you should be in a good position.
Thanks, I really hope so. I just want to provide the best environment for my daughter.