helpgettingcustody

[??intexas]

texasWhat is the name of your state? Texas

My sister left her home because of psychological abuse and she felt that her children'sand her life were in danger. Now she is finding out that because she was able to plan her escape and leave that way, instead of waiting until he tried to kill her, that she may have to share custody of one of their children. She more than likely will not be have to share custody of the youngest child because of some severe health problems. She was told that she can not prove that she was in danger or prove the abuse because the city she lived in never filed any paperwork saying that she was abused. She is also having trouble finding legal representation -- she wasturned down by her local legal support system -- even though she is only making between $600 - $800 a month and most of that is currently being used to take her child to the doctor. Any advice will be greatly appreciated.

 

[stealth2]

Did she ever report the abuse? Call the cops? Assist the DA in charging him?

 

[nextwife]

Here's the problem: If there has never been any prior incidence of DV calls, neighbors or her calling police out, a report by her at the time of the incident, etc., first bringing up abuse when asking for sole custody will bring up credibility questions.

The unfortunate truth for her is that there ARE and have been woman who have never reported any abuse until they find they may have to share custody. There are men who have had false abuse charges made against them just to keep them from getting any custody. So the courts, in the absense of any evidence of any abuse, must tread lightly if denying a parent rights to shared custody of their chidren.

Hopefully, she at least reported the incident as soon as she was out of immediate danger?

 

[??intexas]

medicaid

Why is the child not on Medicaid that would pay the doctor bills, pass that I don't know where to go, she needs to prove the abuse first try some free legal advise help lines to help her get started.

reply: The child has been on and off medicaid for years, but recently lost it due to the fact that her dad was putting his paychecks in the bank (instead of using the money to help the family). She currently trying to get medicaid reinstated for both children. The one who has the severe health problems is also being denied ssi benefits because the dad coowns a piece of property that sits empty and refuses to sell it. She is listed as 90 percent physical disability with 80 percent health disability (cp and bad kidneys).
If you know of any free legal advise help lines they would be greatly appreciated. She was turned down by legal aid, but was not given a reason. She only called the police once or twice, but it is a small town and the police never file reports -- they just move the abuser to a different location until they cool down.

 

[??intexas]

help getting cops

Did she ever report the abuse? Call the cops? Assist the DA in charging him?

reply: She did call the cops a couple of times, but this is a small town and he worked for the city. This is a small town and when they were called they did not file any paperwork, just talked to him to calm him down and gave him a ride to cool down somewhere else. Also, he made sure that most of the abuse never left visible bruising (rape for the most part mixed in with psychological abuse of the oldest child and the wife).

 

[??intexas]

proof of abuse

Here's the problem: If there has never been any prior incidence of DV calls, neighbors or her calling police out, a report by her at the time of the incident, etc., first bringing up abuse when asking for sole custody will bring up credibility questions.

The unfortunate truth for her is that there ARE and have been woman who have never reported any abuse until they find they may have to share custody. There are men who have had false abuse charges made against them just to keep them from getting any custody. So the courts, in the absense of any evidence of any abuse, must tread lightly if denying a parent rights to shared custody of their chidren.

Hopefully, she at least reported the incident as soon as she was out of immediate danger?

reply: She did report it, but he worked for the city and it is a small town where paperwork is never filed, after all a police officer once killed his wife, bragged about it and got away with it in this small town -- no paperwork is ever filed. She tried to seek help after getting to safety and was denied it,because she had no current physical bruising (the abuse was rape to the wife and psychological abuse on the children as well as deliberatly missing them and putting holes in the wall when throwing fits.

 

[misty blue 2]

i am sory to hear about you sisters problems however i ran into the same problem about the abuse i was physically and emotionall and verbally abused day after day but did not no how to deal with it and had no where to go and no car to get htere so i did nothing so that i would have a place to live and cause my kids a major upset by leaving ..however looking back i wish i would have called and done something because i can get any help becuase there is no proof.
i have no legal advise but do want to say that she should report any further abouse physical and even threats.
without that and with the money she makes....and trust me i no it is hard because i make about the same....she cannot get any help.

 

[shawna maples]

just an opinion, there must be proof of abuse occurring in the past 2 years against either the spouse or a child in order to go that route. In order to receive sole conservatorship one has to show this is in the best in the best interest of the child - the testimony of a counselor, proof that one parent is incapable of amicable communication and shared decision making. JMC is the standard in Tx unless rebutted with proof that it would not be in the best interest of the child. In texas both parents can receive JMC with only one parent receiving the exclusive rights that a SMC would have. There are attorneys that give a free initial consultation that will also allow you to pay out their fee. It is in your sister's best interest for her educate herself with the Texas family code. This can be done on-line and will help her to know what to make sure her attorney is seeking for the final orders.