Showing posts with label opinions. Show all posts
Showing posts with label opinions. Show all posts

Tuesday, January 6, 2015

Case Review: Tarrant County Family Courts...Best interest of the Child?

Case Review:

A Tarrant count judge has allowed a child to be returned to his mother after CPS removed him & citing that they could not return him due to the potential for future neglect and abuse or worse. The child remained with his grandparents for the first 2 years of his life with no physical contact with mom until visitation was ordered by the court & even then she would barely be available for child to be dropped off. All visit dates were recorded, notes left on moms door & a picture of it as well. All visits missed by mom were forced to be made up by the grandparents with extra visits/transportation which was more than 15 miles one way. 

The judge refused to look at any of the evidence.
The Mom missed 6 visits in 6 months. 

She even moved and did not tell the grandparents who were providing transportation so when they came to drop their grandchild off, they had no idea where mom was. They were not even given the courtesy of a phone call by the courts, her attorney or her to advise of the move. 

When visitations did take place, the mom would return the child to the grandparents filthy, his shirt soiled with food, pamper soiled straight through his clothes and sometimes urine & bowel running down his leg. A hidden video was taken as proof of the child’s condition but the judge refused to even view it.
While in moms care, he has had a small piece of flesh taken out of his hand leaving a blood bubble, when retrieved has an overwhelming stitch of marijuana & has almost been electrocuted, leaving a scar the size of a quarter on his torso & was never taken to the hospital.
When these issues were brought to Judges attention, her response to the grandparents was, “children get burned" and she proceeded to show where she had been burned, saying see, I have one too!
The mother’s family has over 30 yrs CPS combined history.
One individual whom the Judge tasked with providing transportation had a DUI on her record that was less than a year old.
The judge laughed & giggled on the stand, was mixing up the grandparents case information with other case, would complain that she did not have all day to listen to this case that she had other things to do.
Would have conversations with the mothers guardian at litem just at random even while the grandparents were trying tot talk to her she would just turn her head and start talking to the attorney.
The judge asked the grandparents if they thought they were better than mom because they had more money. 

Made the statement that "she", NOT the courts, did not feel that grandparents should be raising their grandchildren. BUT AT WHAT COST?

The grandparents were later advised that the judge was believed to still be on prescription medication stemming from an injury or procedure & possibly should not have even been at work.
The grandparents tried to explain that moms irrational behavior such as telling people about the voices in her head that were telling her to do stuff & she used her hands to show a talking motion behind her head, refusing to take her medication because when she doesn't she has bouts of violence, picking the child up at 2 months old by his wrist & slamming him into his grandmothers lap, feeding him baby food (peas) with cereal in his bottle at "2 weeks of age", could not tell when her child ate last, could not read well enough to administer medication if given a prescription, and refusal to get up in the middle of the night to care for her child & calling her child her check, referencing her “SSI, WIC, medicaid” etc.
While proceedings were going on, the judge would not allow anyone else into the court room who did not have anything to do with the case, This case would often be scheduled for 8:00am or 9:00am but we would often not be seen until 1:00pm as if it were being pushed back intentionally.
The biggest concern was even after CPS conducted a 6 month long investigation that mom practically refused to comply with, it was decided that this child’s best interest would be to remain in the grandparents home, why would a judge not heed this.
To date mom advised the judge that she currently had 29 CPS cases opened/investigation under her.
This child was not appointed a Guardian at litem.
The judges behavior & interaction with the moms Guardian at litem in the courtroom was beyond unprofessional & felt extremely wrong but there was no court reporter assigned even though the grandparents asked for one.

The following review is used with permission of Kathy Turnley M from her post found on Injustice in the Texas Family Courts [Tarrant County]

Sunday, December 28, 2014

Case Review: Divorce, Child Custody, Fort Worth, Tarrant County, Texas

Case Review
Divorce, Custody
Fort Worth, Tarrant County, Texas

Judge William Harris
233rd District CourtFamily Law Center
200 East Weatherford Street
Fort Worth, TX 76196-0227
Associate Judge Diane Haddock
Family Law Center
200 East Weatherford Street
Fort Worth, TX 76196-0227


Case Background

Married couple are separated, wife is staying with family in Dallas, Texas.
March 2008 wife finds that she is pregnant with the couple's first child and couple reconcile.

Family follows progress of pregnancy, asking about doctor visits, etc.

September 2008, wife says couple will be giving child up for adoption at birth. Maternal family members ask that they be allowed to adopt the child at some time after their return to Texas from outside the state (husband is in the military).

Couple agrees, signs affidavit providing custody and medical consent, while acknowledging that child will be adopted by maternal family members.

October, 2008 child is born in military  hospital, father is deployed.  Husband is redeployed to the U.S. for a short leave.  Husband brings 2 dogs to Texas, leaving wife's family members to bring wife and new baby to Texas.

Upon reaching Texas it is reaffirmed that couple will be leaving child with maternal family members and that child will be adopted by those family members.

November 2008 - June 2, 2009 NO contact is made to maternal family members by husband, there are no phone calls, no letters, emails. 

June 2009 maternal family members are given sole managing conservatorship over 8 month old child. Maternal family member lost  job in 2008 just before the birth of the child and couple were unable to move forward with the adoption at that time.

July, 2009, father of child receives notice of conservatorship being awarded. Father had member of the Judge Advocate General Corp (Army) compose letter stating father's understanding of legal proceeding in June 2009.

July, 2009 - February, 2013, NO further contact was ever made or attempted by father with maternal family members who have conservatorship over the child.

In the interim, husband/father has advised wife/mother of child not to be in their home when he returns or it will be bad for her (wife/mother). During his period of deployment he made many veiled threats to wife as substantiated by conversation logs between wife and husband.    Wife/mother returns to family in Texas August 1, 2009.

April, 2013  Husband (petitioner) files for divorce and sole custody of child. 
Wife/mother (respondent) is served, and a after a careful review of the documents the following inaccuracies were found:

  • husband/father states wife has custody of child 
  • he has made numerous attempts to contact to visit child
  • he wants wife to pay child support, health insurance, and have no visitation rights
  • Husband's attorney fails to serve notice within a timely period and leaves wife (respondent) with less than 2 weeks to find an attorney, review the case and file an answer to the original petition for divorce.
  • Both wife/mother and maternal family members/intervenors are now required to find representation in order to timely answer the orignal petition and correct information contained in the petition.
  • Attorney is found that will represent both wife/mother and family members/intervenors in the case
  • Answers are filed                                    

Respondent/Intervenors file answer and motion to transfer case from Tarrant County to Dallas County where child, intervenors and respondent reside. Tarrant County courts denied the motion to transfer and order mediation between parties.

May 2013 - December 2013  No contact by husband/father regarding his child, no birthday cards, no Christmas cards or gifts for the child.

January 2014 - April 2014  No contact by husband/father regarding his child.

May, 2014  Court ordered mediation takes place, no agreements are reached.

May 2014 - September 2014  No contact by husband/father regarding his child.  A temporary orders hearing is rushed through and requested for October 23, 2014 in the Associate Judge's Court of the 233rd District.

Temporary Orders Hearing - October 23, 2014

Petitioner and his attorney of records, Respondent and her attorney of record and Intervenors and their attorney of record are present at the temporary orders hearing on October 23, 2014.

Parties stood before the bench, none were sworn, no record made in this court. Judge Haddock presided.  She asked no questions, parties were not allowed to make any statements, or offer any evidence to support their case.

Judge Haddock stated father failed his duties, gave him an F then gave him supervised visitation on the 1st, 3rd and 4th Fridays of each month  from 6 p.m. - 8 p.m. at the home of the intervenors.  Judge Haddock ordered petitioner to pay $400 a month in child support and ordered Intervenors to maintain health insurance on the child.  Neither respondent nor intervenors were allowed to state that he had according to statute 'abandoned' this child with no intent to return.

When intervenors attempted to provide the information that the child's therapist would volunteer to act in a supervisory capacity during visitation, Judge Haddock announced that no one would tell her how to run her court.

Judge Haddock ridiculed and demeaned respondent attorney and intervenor's attorney of record.

Judge Haddock ordered that visitation was to begin the next day (Friday, Octoer 24, 2014) at 6 p.m. with Intervenors as supervisors of the visitation.

No statement was ever issued by Judge Haddock that this ruling was in the best interest of the child, nor was any testimony allowed to support that it would not be in the best interest of the child.

A Final Orders hearing was set for December 11, 2014.

Final Orders Hearing - December 11, 2014


Petitioner's attorney of record presented herself at the 233rd District Court and announced all parties had reached an agreed order status.  Repondent's attorney and Intervenor's attorney of record agreed.

Petitioner was not in attendance, his attorney stated that the order had been read, questions asked and answered and petitioner had signed the agreed order of divorce.

Respondent's attorney, Intervenor's attorney along with the respondent and the intervenors were in attendance.

Judge Harris asked all parties if they were in agreement with the order and all answered with an affirmative response.

Judge Harris did not allow any parties to testify, nor was there any record of the proceedings as was stated by Judge Harris.

Intervenor's attorney made an attempt to get their names on the official court record and was reprimanded by the Judge as Judge Harris asked "Counselor do you believe that I am going to go behind your back and change the items within the four corners of the document"?  Intervenor's attorney stood in shock at the Judge's response and Judge Harris then said 'Counselor the correct answer is NO" at which time Intervenor's attorney responded with a No.

The order was signed by Judge Harris, then conformed by the Clerk.

December 23, 2014  Intervenor's attorney of record received notification that Petitioner wanted to have a reimbursement of medical insurance clause removed from the final order and demanded a response by the close of business.  Intervenors were unable to make this decision within that time period as they had only just received the information on the change and that Petitioner's attorney was wanting the response at end of day December 23, 2014.