Attorneys for the single, fit dad who is fighting to get his daughter back from grandparents filed a motion requesting that the court vacate its order from July 2008 that alleged they had not met the burden under the law to prove that the father’s living environment had endangered his daughter. The hearing was set for June 20. At that hearing the judge, who has a history of abusing fit parents in favor of grandparents, said that they had to specifically plead the requirements of 156.102 of the Texas Family Code and that their brief was not a “pleading” but a “brief.” The attorneys disagreed and argued that the requirements had been met, that they had put the grandparents on notice that the pleading was defective and that the father should be able to go forward with the hearing, and that if the judge stood by that ruling, the attorney would then request a trial amendment.
The father’s attorneys were simply asking to go back to the original order that named the fit father the Sole Managing Conservator. The grandparents’ attorney responded that they were only 60 days from trial so there was no need to modify or have a temporary order hearing, in spite of the fact that this fit father had been deprived of his daughter for almost three years. The father’s attorney advised the judge that at a minimum he should address the restriction placed on this fit father to have only weekly, supervised access to his daughter since even the social study that the court ordered reflected that he was a good father and supervised access was not warranted (not a specific statement but implied in the report stating that the father’s relationship with his daughter was positive and appropriate).
The judge then held that the father’s attorney would have to file new pleadings and give notice but that he did not have time before the August 15 trial date to hear it. Attorneys for the father again pointed out that they were scheduled three days for this hearing and if the judge disagreed with the pleading argument, he should then grant a trial amendment and let them go forward since these allegations had been made since September of last year. The judge disagreed and refused to allow the hearing to proceed.
Attorneys for this father believe that the grandparents’ attorneys know they cannot meet an endangerment burden that would need to be met on the temporary order given in 2008 but that they can meet the material change in circumstance burden at the final trial. The grandparents will argue that they should maintain custody because of the change in circumstances of the child (because the child has been in their care for almost three years) if the court agrees that the legal presumption that a fit parent should be the managing conservator does not apply in this case, with which this judge likely concurs. Of course the change in the circumstances of the child is the direct result of the judge removing the child from her home and placing her with the grandparents for almost three years while limiting the father’s access to his daughter.
The only option for this fit father to regain his daughter appears to be to factually convince a jury that even if the current legal precedent is that a fit parent should be the managing conservator does not apply in this case, they should in fact give the parent the presumption through their verdict. At this point attorneys for the father believe the facts are on their side but that the law is not; therefore, it is time to take it out of the judge’s hands.
This is an important issue given the fact that in the social study one of the concerns or allegations raised by the grandparents as a basis for the father not being a fit parent is the fact that he wants to homeschool his child and they want to keep her in public school where she is in gifted and talented programs and getting straight As. (This is one factor out of many, including eating habits, homework habits, education choices, clothing habits, etc., with which the grandparents disagree) The grandparents are basically saying because they don’t agree with the father’s parenting style or decisions that they should have custody.
Please pray for this father and his attorneys and that justice will prevail and he will be reunited with his daughter. THSC is continuing to raise funds to cover the legal fees involved in this case, not only to help this father but because of the clear ramifications it holds for all parents and the fact that grandparents who oppose the home schooling of their grandchildren are increasingly using this legal tactic to benefit their beliefs. The grandparents in this situation are doing everything they can to increase the cost of this legal battle. In fact, this father sold all of his property and eventually went through bankruptcy and represented himself for some time before THSC became involved. While THSC has spent more than $125,000 so far on this case, we need to raise $50,000 to cover the upcoming trial costs. We are asking you to partner with us by prayerfully considering a tax-deductible contribution to help us in this significant battle.
About Tim Lambert
I have my own legal problems, but will certainly pray for you and this father. THSC has been a good source of help in my own situation. My children, however, are 13 and 17. I graduated the 17yo, so she will start college this semester. So far, I have been able to continue homeschooling the younger. Keep up the good work.
Prayerfully consider sharing this ongoing case among your church members. I am preparing a message for my church now. This is above all a call for prayers to reunite a family.
We also have our own battles; we also have to deal with a grandparent whom has ZERO respect for parental rights. However, we will send at least $10. Surely, if we (THSC members) all scrape a little here or there, we can help support this father in his fight to regain his God-given rights to raise his child as he sees fit, without the further God-forsaking, selfish and hurtful intervention of Grandparents and a clearly biased judge.
This is a battle we all need to fight. It is one of many, but to win the war, first we must start winning the battles. I challenge all fellow members to contribute SOMETHING. Let's follow the golden rule! Shall we help this Father win his battle as we would want him and THSC to help us? YES!
Corrupt judges should be brought to justice for the families they have deliberately preyed upon for the "bias" of certain others they choose to "please".
Gather the evidence along with the Family Codes & Statutes the Attorneys in the case & judges have clearly violated, file complaints on them with the Office of Consumer Affairs AND the Committee for Judicial Conduct.
This such corruption is being brought to light more & more & the more parents MAKE it known to the state offices, the greater the chances real change will come, whereby those in power who are so biased against parents/families & corrupt, will be removed from their positions/benches of power, & justice, "real justice" will once again reign.
Although, this mother that I know is not married, her case here in Parker County is similar. Her 9 day old nursing baby was taken without notice and given to the boyfriend on the basis that her living quarters were not acceptable. Thing is, that was an extra building on their property that they did not live in. CPS actually testified for the mother; the child was taken without prior notification to CPS. She is actually a very good mother despite her other vices.
Good evening:
I did not see instructions for making contributions to this case; please advise.
Thank you.
You can make a contribution to the THSC Parental Rights Litigation Fund for this case here:
http://www.thsc.org/Categories31.aspxId=Contribution
I will certainly pray for favor for this father, his attorney & his daughter. I pray for the Judge & Jury to gain the wisdom of Solomon in this case. I pray that the grandparents eyes will be opened to the truth of what they are putting this child through as well. Lastly, I would like to get a fund-raiser going for this father. I organize fund-raisers for different groups and am able to do a fundraiser online or in person through the sales of fine, fashion jewelry and the yield would be 50% of all net sales. Is anyone interested in getting a fund-raiser going?
That link to donate didn't work for me. I'm going to go to your main website home & donate. Thank you for your continued care of homeschooling families & our rights.
I am praying.
In all that each of us go through each of us can share our struggles, our hopes, and our fears, but most of all in all that we do we can share a word of encouragement, we can pray and we all can afford to help even financially even if its only $1. We will always have to stand and even though sometimes standing is not always easy, but no one has to go through it alone. Thank you THSC and everyone who stops for a moment to help someone in need. We will pray for this family, but for more than uniting this father and daughter, but for healing and understanding from Grandparents and may there be a new beginning.
I am searching your blog and cannot find the reason the child was removed to begin with. Am I missing it?
I want to make sure and have all of the facts first before I contribute to something.
If you will search parental rights you will find all the posts regrading this case. The first was in August of 2010. The judge in the case issued an order to remove the child because the father had missed a court ordered visitation with the grandparents. The normal response from the courts is to require the visitation. In this case the judge removed the child and placed her with the grandparents in a "temporary" order…three years ago. There has been no allegations of abuse or neglect against the father.