Judge Backtracks…A Little

Yesterday in the Cameron courthouse, the fit mom who lost her children in a temporary order by a judge in a custody case was back in court after an earlier hearing last week in which she asked the court to give her “right of first refusal” so that when her husband travels 50 to 75 percent of the time, she, instead of the grandparents, might have her children. The grandparents have had the children as a result of Judge Youngblood’s original ruling requiring they be granted that right when the husband was out of town. Yesterday the judge ruled that the mom can have the children when the husband is out of town for more than two days.

Attorneys for the mom also asked the judge to allow her to have “expanded visitation” so that she could have the children longer than two days on the second and fourth weekends of every month. The judge also granted that. Finally, attorneys for the mom requested temporary spousal support, since the judge had ruled that the father would live in the couple’s home, causing the mother to move back to Rockdale and rent a small apartment in an effort to be close to her children and possibly have more time with them.

Attorneys for the father argued that the mother should have no support because she was not seeking employment and that she should become employed and be required to pay child support to the father. They even made allegations that they were not sure the mom had actually moved back to Rockdale.

Legal counsel for the mom clarified that she was indeed seeking employment and had interviews set up, but her job opportunities were more limited than when she lived in New Braunfels. They also pointed out that the paternal grandparents were aware that she had moved back, because they had been to her new home. The judge ruled that the father should pay the mother $350 per month for the next two months until the upcoming trial date.

While THSC does not provide general family law litigation services, we have determined to help this mother with her case because of the attempt by the grandparents to gain custody of these children from their fit mother and because of the judge’s unjust ruling to take the children from the mother and essentially place them with the grandparents. The jury trial set for this case on May 21 is the next step towards the mother regaining her children.

This case is very reminiscent of the Fort Worth case that we became heavily involved in two years ago, in which a jury reversed a judge’s order and returned a fit father’s daughter to him after three years with her maternal grandparents on “temporary” orders. Over the course of the Fort Worth case, THSC, with the gracious help of home schoolers across Texas, paid more than $260,000 in legal fees to defend the parental rights of that father and brought public attention to this judge’s pattern of abusing the parental rights of single parents in his court. We could not have done that without the help of the home school community, and we now need your support to enable us to help this fit, gracious, godly mother regain her children as well.

How can you help? First, pray for this mother and for her children. Pray also for wisdom for the attorneys representing her. You can also help by making a much-needed, tax-deductible contribution to THSC Parental Rights Litigation Fund, to be used in support of this case and others like it. You can also make a non-tax-deductible contribution to the THSC PAC that will support both the ability to work to elect candidates who support home schooling and parental rights and the also ability to be involved in judicial races as well. Finally, another way to support the work of THSC is by becoming a member and partnering with us in these battles. We plan to continue to monitor this case and will give updates as information becomes available.