Custody fight for brother

[foodstampchamp 3]

I just need to say this. My twin brother James has two kids with his ex-wife. 4 year old girl, 5 year old boy. He picked up his kids in Texas for the summer back in May and planned on fighting for custody when he got back to Nevada seeing as his ex was pretty far gone on drugs. (she hasn't worked a real job in two years except for stripping here and there in some skanky clubs). Well four days after he returned to Nevada we found out that she had been arrested for beating her elderly landlord with a baseball bat because he was going to evict her for not paying her rent in 4 months. He almost died. She was charged with aggrivated assult and her bail was set at 50,000 dollars. James had been in the process this whole time of gaining custody. Well the final hearing is set for sept. 28 and we were not expecting her to be out by then but she got out TODAY. We don't know why. She says it was all swept under the rug but she is a notorious liar. Worst case scenario is she shows up on the 28th and the fight it out. If she doesn't show up he wins by default. The cather is, we know she will show up, because even though the kids have been here for four months, he is STILL having 1200 dollars a month garnished from his wages for child support and now there is 4800 dollars at her disposal waiting for her at her mom's house. Any advice for fighting for custody for a man? It is hard to win against the mother even when she is unfit.

[La_madam 20]

t is hard to win against the mother even when she is unfit.

Not hard here in Cali, it happens alot here . I have several male friends who have custody of their children due to the mother being unfi. Your brother needs to document everything she does that is unfit for those children while in her care though so when he does go on the 28th he has a little ammunition

[Mvpo8961 1]

fsc make sure your brother has documents of her arrest record and such for court.

Is the custody hearing taking place in Texas?

My brother gained custody of his daughter when she was 10 but it was a different state.

M

[FunnyDuddies 6]

i second the need for all of the documents of her case, an her arrest record. also, during the custody fight he nees to try and overturn the child support payment ruling. He may not get back what he has paid already, but he can sure as hell stop her from getting anymore. I hope he stays strong, and wins this battle. the children are lucky to have a father like him!!! Bless their hearts.

[Bettina 0]

Nah ..he'll get them!

[Marimaru 7]

I would think the conviction of the beating would easily put the kids in his hands permanently. The wages that are being garnished, will have to be stopped probably by a court order, so he'll keep being garnished until that is done. Probably he can get that money back if he can prove she didn't have the kids while she was receiving the money.

Good luck

[foodstampchamp 3]

fsc make sure your brother has documents of her arrest record and such for court.

Is the custody hearing taking place in Texas?

My brother gained custody of his daughter when she was 10 but it was a different state.

M

They have always had joint custody, but 3 years ago (after their divorce was settled in Nevada and custody was also) they both moved to texas to try and work it out and be closer to her mom, but he had to come back because high paying jobs were here. So he had just picked them up from texas in may and that is when she got arrested. They are still up here with him. The hearing is in nevada. so if she does not show up, he wins by default, but she will show up because she does't want that 1200 a month child support to stop. She has been getting in this whole time while he has had the kids.

[foodstampchamp 3]

i second the need for all of the documents of her case, an her arrest record. also, during the custody fight he nees to try and overturn the child support payment ruling. He may not get back what he has paid already, but he can sure as hell stop her from getting anymore. I hope he stays strong, and wins this battle. the children are lucky to have a father like him!!! Bless their hearts.

The child support thing will be overturned that day if he wins, (which he has to win, how could you not). It is obviously not about money to him because he is still paying and has the children. And you are correct. His lawyer told him that anything she has gotten all this time she gets to keep, but he doesn't care about that. He makes excellent money because he is an electrician at a gold mine. But, 1200 a month puts a dent in his income for sure.

[Mita 2]

My brother is going through something of the same scenario here in Colo. His lawyer says get all the paper work and present it at the time of the hearing. I would think social services is already involved are they not?

I bet he wins with out a doubt.

[foodstampchamp 3]

Isn't things of this nature public record. I'm talking about what she has done. Isn't there a way to call the courthouse and get these documents for a fee? Anyone out there know? As soon as I'm done typing this I'm going to get the number for Taylor County Courthouse and see what I can find out.

[foodstampchamp 3]

okay, I have contactd the district clerk in Taylor county and I can definately get all this information for a fee. My only problem is, since I cannot walk into the courthouse to do it, (since I live in Nevada). I have to write them a letter and then they will write me back with how much it will cost and then I have to write back with a check. There is a chance I won't get it in time for the end of sept hearing. I wish I knew someone in Abilene Texas who could just find out the cost for me by walking in there and then I could just send the full amount of money and info to the courthouse. How frustrating. This might be the reason he loses. keep your fingers crossed.

[barbara465 2]

Sometimes you can do these things online. I know my son was able to get copies of court appearances, warrants, etc. online. He subscribed to some service to look up people's records. It wasn't very much money. It is all public records so you could get her court documents easily enough. Your brother's lawyer should be able to get that for you. It's fairly easy. The one thing that might cause you problems is that the state of Texas may want a piece of the custody battle. Let your brother's lawyer handle everything.

[Mita 2]

Try this site www.courtlink.lexisnexis.com for a fee you can get copies court records. There is also a number you can call for info.

Good luck