ATT wants me to hand children over to abusive ex

[bobbi3171]

Texas

My children and I suffered abuse for seven years, but of course, it's ongoing as long as their dad is in the picture. I started a court action last August because the ******* left my children ages 8 and younger in my neighbor's yard when no one was home. Didn't bother to call and see if they could watch them, just dumped them and left them. They had bug bites on their legs after twenty minutes of being alone until the homeowner found them. My ATT knows he's horribly abusive, but because my ex hasn't broken any bones, she says Denton court will not care about the abuse. She is telling me to hand my children to him. (I have come to Utah to care for my grandmother who has suffered a series of strokes.) I have NOT kept the children from their father and offered to pay out of their child support for him to see them, but he's not interested. He's out for blood. So, how can I fight for my children to be out of his reach? He has a cps record for abuse and neglect. I want to stay in Utah as I cannot afford to move back to Texas. What are my rights????
Bobbi

 

[stealth2]

Is there a court order for custody? Visitation?

 

[CJane]

Is there a court order for custody? Visitation?

This is about the 4th time this same thing's been posted. As near as I can tell, OP won't answer direct questions about proper notice before moving to Utah, whether there's an existing order, etc.

My gut feeling says that mom packed the kids and moved to Utah and has refused to return the children to Texas for visitation, believing that it's dad's job to make the effort. I'm also thinking that proper notice was NOT given.

 

[casa]

Texas

My children and I suffered abuse for seven years, but of course, it's ongoing as long as their dad is in the picture. I started a court action last August because the ******* left my children ages 8 and younger in my neighbor's yard when no one was home. Didn't bother to call and see if they could watch them, just dumped them and left them. They had bug bites on their legs after twenty minutes of being alone until the homeowner found them. My ATT knows he's horribly abusive, but because my ex hasn't broken any bones, she says Denton court will not care about the abuse. She is telling me to hand my children to him. (I have come to Utah to care for my grandmother who has suffered a series of strokes.) I have NOT kept the children from their father and offered to pay out of their child support for him to see them, but he's not interested. He's out for blood. So, how can I fight for my children to be out of his reach? He has a cps record for abuse and neglect. I want to stay in Utah as I cannot afford to move back to Texas. What are my rights????
Bobbi

The problem is you 'started' a court action against him last August- but apparently nothing happened to him, or you'd have posted that.

Another problem is you didn't file proper move-away notice and therefore you will now have to either travel to his state or send the children back to him as your attorney has told you. You cannot just up & move out of state from the other parent without giving notice.

You say you are caring for your grandmother in this thread- but in another the focus is moving to live with your mom because of financial reasons. Your Mom can take care of your grandmother...you are not the only family member or care agency who is capable of that.

If your X abused you, you could have sought help via a Restraining Order or DV shelter/agency~ and you did not.

You need to go back to TX and answer the case he has filed against you...or he'll likely receive custody- and then you'll be court ordered to send the children back to him anyway.

 

[rmet4nzkx]

It looks like OP wants a vent/rant site and not legal advice.
Her story is inconsistant and that is why she avoids the questions.

OP, You need to appear in court. If you have documented evidence, such as police reports or substantiated CPS reports, that is one thing, just making reports or claims is another. You also need to get your story straight and stick to the facts. You also have to listen to your attorney, you should never have fled the state without proper notice. You do realize that dad is only responsible for 1/2 the children's support, so you should have employment and not rely on other for your support.