Family Law

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MamaBearr66

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My Daughter has started divorce proceedings. Her lawyer has advised her to not contact her husband at this time. Her soon to be ex has been sending her text messages and emails stating that she is violating his rights by not letting him talk to their 2 year old daughter. He has also said that my Daughter's lawyer is stupid and will cause her to lose the child because he's not getting to talk to his daughter. The soon to ex also states that in doing so my Daughter has given him enough "evidence" for him to get full custody and and my daughter to lose everything, including any rights to the child and the judge will be on his side. At the same time he is on a social network bashing her and her family for everything that is happening. He has called us stupid, insane and racist and says his daughter is being abused and that we are filling her head with bad things about him. While physical contact is impossible at this time because my Daughter is in California (visiting because her Grandmother is dying), she has filed thru a Texas lawyer because her state of residence is currently there. She is following her lawyers advice with the no response/contact to the guy and the lawyer knows about the child, obviously, but is he correct that his rights are being violated or is he grasping at straws? He has said the he also holds a temporary custody order and has been advised to fax it to my Daughters lawyer but he refuses. What is the law or advice on this subject??


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would the same be said about a parent going from Texas to California? The Father started a custody order 2 years ago when they started to divorce the first time although the reconciled and we wre told that because they never followed thru on the divorce that there is nothing in place for custody. The mother is visiting in California and planns to stay and has started divoce, custody and restraing orders. Will it still be considered parental kidnapping if she and the 2 year old don't go back?
 
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would the same be said about a parent going from Texas to California? The Father started a custody order 2 years ago when they started to divorce the first time although the reconciled and we wre told that because they never followed thru on the divorce that there is nothing in place for custody. The mother is visiting in California and planns to stay and has started divoce, custody and restraing orders. Will it still be considered parental kidnapping if she and the 2 year old don't go back?
 
MamaBearr66 said:
My Daughter has started divorce proceedings. Her lawyer has advised her to not contact her husband at this time. Her soon to be ex has been sending her text messages and emails stating that she is violating his rights by not letting him talk to their 2 year old daughter. He has also said that my Daughter's lawyer is stupid and will cause her to lose the child because he's not getting to talk to his daughter. The soon to ex also states that in doing so my Daughter has given him enough "evidence" for him to get full custody and and my daughter to lose everything, including any rights to the child and the judge will be on his side. At the same time he is on a social network bashing her and her family for everything that is happening. He has called us stupid, insane and racist and says his daughter is being abused and that we are filling her head with bad things about him. While physical contact is impossible at this time because my Daughter is in California (visiting because her Grandmother is dying), she has filed thru a Texas lawyer because her state of residence is currently there. She is following her lawyers advice with the no response/contact to the guy and the lawyer knows about the child, obviously, but is he correct that his rights are being violated or is he grasping at straws? He has said the he also holds a temporary custody order and has been advised to fax it to my Daughters lawyer but he refuses. What is the law or advice on this subject??

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would the same be said about a parent going from Texas to California? The Father started a custody order 2 years ago when they started to divorce the first time although the reconciled and we wre told that because they never followed thru on the divorce that there is nothing in place for custody. The mother is visiting in California and planns to stay and has started divoce, custody and restraing orders. Will it still be considered parental kidnapping if she and the 2 year old don't go back?
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First of all, your daughter should cease all contact with the person she is divorcing.
I suggest she simply change her cell number, and don't give it to the obnoxious lout.
By doing that, she eliminates the stress this is causing.

She should take the advice of her attorney, as long as she has faith in the attorney.
If that faith exists, heed the attorney's admonitions.
There is no requirement that one person be forced to allow another person to pester, annoy, harass, or intimidate them.
Its always best not to have contact in these situations.

If the the obnoxious lout possesses an emergency visitation order, your daughter to inform her attorney to check with teh court and see if such an order exists.
I doubt that it does, because it would have been known to her attorney.
There would have been a hearing, and her attorney would have been noticed to participate.
Naw, no such SECRET order was issued, nor does it exist.

But, even if one did exist, it doesn't apply to her until she's been served.
But, she or her attorney would have bene present when the matter was heard.

Bottom line, I suggest all of you ignore this loudmouth.
Don't waste your time reading his hate filled missives, don't communicate with him, and bide your time.
He'll eventually get visitation, custody will be worked out, and when it is; I suggest the exchange the child at police or sheriff's office.
That way, he will be less tempted to get FRISKY.

In the interim, I wish good health for your mother (her grandmother), take care of that, the divorce can wait.
She needs to make sure she communicates with her lawyer, or lets him know how to contact her.


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Mom's rights are equal to dad's.
As long as they are married, dad or mom can take the child anywhere they go.
The permission of the other party isn't required.

Once the divorce gears back up, the presiding judge will issue new orders.
Those will determine who gets what, and how much temporary child support and spousal support DAD will be ordered to pay.
Don't mention that YET, let the attorney address that in due time.

Don't let the other side know yu have BOTH JOKERS.

Mom is fine in California, the old order is dead.

Once the current order issues, that determines where mom and dad can take baby.

Until that happens, mom is not breaking any laws; if things are as you say.
 
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Thank you very much! this will help my Daughter relax. The guy thinks he has it all in his back pocket but we have kept every email and text message and post, even the ones from his mom and sister to my cell.
 
MamaBearr66 said:
Thank you very much! this will help my Daughter relax. The guy thinks he has it all in his back pocket but we have kept every email and text message and post, even the ones from his mom and sister to my cell.
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You might want to stop communicating with that band of thugs, too.
It costs about $20-35 to change a cell number, depending on your provider.
In some cases, where threats, bullying, and harassment ate involved; some providers waive the fee.
As far away as you can get from those bullies, you're better off.

Just let the attorney do things the right way.
It takes some patience, but it's always worth it.
Besides, I'm sure you don't want your grandchild exposed to this bad behavior.
 
Thank you again..and I dont talk to his family but they have my cell number so thay have sent texts to me as well. they think it is their business to put their 2cents in. They have laid all the blame for this situation on me and my family and NO way do I want my Grandaughter growing up in that kind of atmophere for sure. My Daughter has fianlly been able to break away from the mental and emotional abuse of him and his family. He kept her isolated from people by not getting her a drivers liscene or job, manged her social media by not allowing her to have any male "friends" including her brothers, and they lived with his parents. His sisters called her their "white slave" and the family made her clean and cook as well as watch all the kids while everyone went to work or town or a party. Was not a good situation at all and Im glad she and the Baby finally removed themselves. Just so you know they are Mexican aand he has callled me a racsist because no one here wants to deal with them. I have no preducies against any race or religion.
 
Very sad story, I sensed there were cultural differences.
Let's hope she continues to grow a stronger backbone.
 
As AJ said, moms rights are equal to dads. She is refusing him his rights and intentionally alienating him from his child. This could cost her custody. She could allow visitation without talking to him. Instead she took the child out of state where he can not even try to arrange contact through a third party. She deserves to lose custody.
 
thank you disagreeable but at this point there is no way to allow visitation. Our lawyer has told us to not contact or have contact with him till the court hears the case. She is out of the state of Texas because of an ailing /dying family member and there are no "third parties" in California for her to go thru. I was the third party till he started harassing me and verbally abusing me. The lawyer was informed and she extended the no contact to me as well. So Disagreeable..I'm sorry you feel that she "deserves to lose custody" because that shows me you are a male and have no kids to speak of.
Oh and by the way....he let her come to CA. with the child because of the dying family member!
 
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