Making a list of things against my ex
These factors include
(1) the desires of the child;
(2) the emotional and physical needs of the child now and in the future;
(3) the emotional and physical danger to the child now and in the future;
(4) the parental abilities of the individuals seeking custody;
(5) the programs available to assist these individuals to promote the best interest of the child;
(6) the plans for the child by these individuals or by the agency seeking custody;
(7) the stability of the home or proposed placement;
(8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one;
and
(9) any excuse for the acts or omissions of the parent.
153.134
(1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators;
(2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
(3) whether each parent can encourage and accept a positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing before the filing of the suit;
(5) the geographical proximity of the parents' residences;
(6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and
(7) any other relevant factor.
(1) the desires of the child;
(2) the emotional and physical needs of the child now and in the future;
(3) the emotional and physical danger to the child now and in the future;
(4) the parental abilities of the individuals seeking custody;
(5) the programs available to assist these individuals to promote the best interest of the child;
(6) the plans for the child by these individuals or by the agency seeking custody;
(7) the stability of the home or proposed placement;
(8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one;
and
(9) any excuse for the acts or omissions of the parent.
153.134
(1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators;
(2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
(3) whether each parent can encourage and accept a positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing before the filing of the suit;
(5) the geographical proximity of the parents' residences;
(6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and
(7) any other relevant factor.
If we took her at her word
It would still be a miscarriage of justice!
This should have NEVER gotten to this point.
She is obligated to protect the children both by statute and by virtue of being a parent. She failed to do either.
She cannot claim that she was unsure:
This means that regardless of what my ex says, she stated that she believed that I had abused the children.
Therefore she is required by statute to remove the children AND not bring other children into the home.
261.001
(4) "Neglect":
(a) A person commits an offense if the person knowingly:
This should have NEVER gotten to this point.
She is obligated to protect the children both by statute and by virtue of being a parent. She failed to do either.
She cannot claim that she was unsure:
- She already stated that she was scared for the children. Prayed for the court to take action to prevent me from having the children.
- She stated that I admitted to her.
- She stated that she has seen with her own eyes.
- ...in the context of endangerment of child, the commission of the criminal conduct is the key, even if the charge was ultimately dismissed...
IN INTEREST OF KJG, Tex: Court of Appeals, 4th Dist. 2019 - However, the family code allows a parent's rights to be terminated if the parent places a child in jeopardy, regardless of whether criminal charges support the termination proceeding. See Tex. Fam. Code Ann. § 161.001 (West Supp. 2010). Although it is a ground for termination if a parent is convicted of certain crimes against a child, see id. § 161.001 (l), there is no requirement that she be convicted of, or even criminally charged with, misconduct that can give rise to a termination proceeding.
Rodriguez v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Tex: Court of Appeals, 3rd Dist. 2011 - Conduct that demonstrates awareness of an endangering environment is sufficient to show endangerment. Id. (citing In re Tidwell, 35 S.W.3d 115, 119-20 (Tex. App.-Texarkana 2000, no pet.) [I]t is not necessary for [the mother] to have had certain knowledge that one of the [sexual molestation] offenses actually occurred; it is sufficient that she was aware of the potential for danger to the children and disregarded that risk by... leaving the children in that environment."
Section D permits termination based upon only a single act or omission. In re R.D., 955 S.W.2d at 367.
Jordan v. Dossey, 325 SW 3d 700 - Tex: Court of Appeals 2010
This means that regardless of what my ex says, she stated that she believed that I had abused the children.
Therefore she is required by statute to remove the children AND not bring other children into the home.
261.001
(4) "Neglect":
- (A) includes:
- (ii) the following acts or omissions by a person:
- (e) placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child;
- (G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8)...
(a) A person commits an offense if the person knowingly:
- (7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:
- (K) Section 43.26 (Possession or Promotion of Child Pornography);
#7 STABILITY
1) Ex and children lived with grandma for approximately 2.5 years. The children and their mom shared 1 bed room.
According to my son, he shared a bed with his mom and apparently my daughter was sleeping on the floor (maybe on a mattress).
Son was excited to possibly get to sleep in the closet (see video).
2) Around March 2019, Ex moved the children next door to grandma. According to my son, he and my daughter shared a room where each child slept in tents.
3) According to son, they are moving stuff into their mom's boyfriends place. Son has stated many times about sleep overs (an adults) place.
4) According to son, there may be another move soon into another house.
According to my son, he shared a bed with his mom and apparently my daughter was sleeping on the floor (maybe on a mattress).
Son was excited to possibly get to sleep in the closet (see video).
2) Around March 2019, Ex moved the children next door to grandma. According to my son, he and my daughter shared a room where each child slept in tents.
3) According to son, they are moving stuff into their mom's boyfriends place. Son has stated many times about sleep overs (an adults) place.
4) According to son, there may be another move soon into another house.
#8 OMISSIONS
Ex has made all kinds of allegations during the divorce process. Every one of those allegations were investigated and closed, unfounded.
Police report July 29, 2016 (copy and paste)
1) 261.001 NEGLECT(4)(A)(ii)(e)
2) 261.109. FAILURE TO REPORT
3) 153.013. FALSE REPORT OF CHILD ABUSE
She stated that not only did I admit to her, even more, that she has seen with her own eyes.
She states that March 1 was when I admitted to her and she states that May 25, 2016 was when she left. (86 days she knowingly left the children in the house after she claims that I admitted to her).
She states that she kept baby sitting up until April or May. (So anywhere from 31 days to 86 days, she allowed other children into the house)
The "16-64824" report makes not mention of "belt abuse" or "child porn". (Supposedly February 26 she was abused, March 1, I admitted to her, and April 22, 2016 she does not make any claims of two major segments of her claim)
She files the 16-121241 report on July 29, 2016, 1 day after our mediation. (No reports were made from May 25, 2016 to July 29, 2016 except for her sworn affidavit. It took approximately 65 days from the time she LEFT to make reports)
She claims that all the pictures were taken that very night... however dark bruises and yellowing.
She claims that I abused her with a belt buckle... no belt buckles marks.
She claims that she was struck multiple times however there is only 1 belt mark picture taken several times.
Police report July 29, 2016 (copy and paste)
- Amy stated Jack picked up his leather belt with a metal buckle and started hitting her with the belt using the buckle leaving bruises.
- Amy stated on March 01, 2016, at approximately between 0900 and 1200 hours...was looking at child porn.
- In reviewing Amy's voluntary statement in report 16-64824 I found she referenced this incident (16-121241)
stating "He recently beat me up destroyed property in the home punched many holes in the sheet rock above me
head. Threatens me. I have not come forward because I am afraid of what he will do to me or the kids."
(Note to self:***NO CLAIMS OF BELT ABUSE, not claims of child porn***... April 2016) - On 8/22/16 I spoke with Investigator J. Jones with the Pct. 4 High Tech Crimes division regarding this case. He
advised to find out the location of the laptop, the status of the case with Corpus Christi, and any additional from
Amy. - On 8/22/16 I made contact with Corpus Christi PD Computer Crime Dept regarding this case. I was advised by
Debbie that no reports were found involving Amy - Amy explained she didn't report the child porn at the time because she was in shock of what she saw and afraid of
- Jack, because he had assaulted her before over it.
- I attempted to verify the date and time the photos were taken, but was unable to locate the information
- April 22, 2016 (Note to self: report above 16-64824 falls after March 1, 2016)**side note: case was dismissed**
- "... admitted to me in March that he has a porn addiction, which includes child pornography"
- "I am asking the court to protect my children from my husband by providing orders that he cannot be alone with them"
- A. I was really scared but I knew enough, you know what, I better take some pictures if I can quickly before he comes back in the room.
- Q. (BY MR. BEARD) So that night, you were scared but you weren't so scared you couldn't focus and take pictures --
A. I didn't focus. My hand was trembling and I did the best I could to quickly snap what I could. - Q. So you took pictures that same night. Right? Were the pictures taken that same night?
A. Yes. - Q. And when was the last time you babysat in that home?
A. I'm not certain. I will just say April or May. - Q. So shortly before you left, you were still babysitting in the home?
A. I was trying to get out of it and -- yes. - Q. So your first accusation that you believe was in February 2016; is that correct?
A. My first accusation would be about ten years ago. - Q. So it was before you even had children you believed he was watching child pornography?
A. Right.
1) 261.001 NEGLECT(4)(A)(ii)(e)
2) 261.109. FAILURE TO REPORT
3) 153.013. FALSE REPORT OF CHILD ABUSE
She stated that not only did I admit to her, even more, that she has seen with her own eyes.
She states that March 1 was when I admitted to her and she states that May 25, 2016 was when she left. (86 days she knowingly left the children in the house after she claims that I admitted to her).
She states that she kept baby sitting up until April or May. (So anywhere from 31 days to 86 days, she allowed other children into the house)
The "16-64824" report makes not mention of "belt abuse" or "child porn". (Supposedly February 26 she was abused, March 1, I admitted to her, and April 22, 2016 she does not make any claims of two major segments of her claim)
She files the 16-121241 report on July 29, 2016, 1 day after our mediation. (No reports were made from May 25, 2016 to July 29, 2016 except for her sworn affidavit. It took approximately 65 days from the time she LEFT to make reports)
She claims that all the pictures were taken that very night... however dark bruises and yellowing.
She claims that I abused her with a belt buckle... no belt buckles marks.
She claims that she was struck multiple times however there is only 1 belt mark picture taken several times.
Wire Tap Law, Penal Code 16.02
(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;
18A.001
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;
18A.001
- (13) "Intercept" means the aural or other acquisition of the contents of a wire, oral, or electronic communication through the use of an interception device.
- (14) "Interception device" means an electronic, mechanical, or other device that may be used for the nonconsensual interception of wire, oral, or electronic communications. The term does not include a telephone or telegraph instrument, the equipment or a facility used for the transmission of electronic communications, or a component of the equipment or a facility used for the transmission of electronic communications if the instrument, equipment, facility, or component is:
(A) provided to a subscriber or user by a provider of a wire or electronic communications service in the ordinary course of the service provider's business and used by the subscriber or user in the ordinary course of the subscriber's or user's business;
(B) provided by a subscriber or user for connection to the facilities of a wire or electronic communications service for use in the ordinary course of the subscriber's or user's business;
(C) used by a communication common carrier in the ordinary course of the carrier's business; or
(D) used by an investigative or law enforcement officer in the ordinary course of the officer's duties. - Definition of aural: of or relating to the ear or to the sense of hearing
- "Intercept" means the aural or other acquisition of the contents of a wire, oral, or electronic communication through the use of an electronic, mechanical, or other device. Tex. Code Crim. Proc., art 18.20, sec(3)(Vernon1998Supp).
