I was with my abusive ex boyfriend for 2 years and left him because of the abuse. Our daughter is now 11 months old and we went to court last month and were granted joint custody with primary residence to me (temporarily until final hearing) .. before this we were on standard visitation and our daughter was doing ok. Now after seeing the judge he granted ex every day he's off work (shift work) which comes out to 14 overnights with him. She is being shuffled back and forth constantly and she is not doing well at all. She has no structured schedule anymore, she rarely sleeps when she comes home, wakes up crying in the middle of the night as if she's having nightmares, she's withdrawn and seems depressed all the time. She's only 11 months old and I know as her mother this is too much for her. I've always been her primary care giver as my ex always worked out of town after she was born with his old job. (He literally just started this new shift work job the week we went to court) He was gone out of town with old job for a month at a time several times after her birth, so he was gone a total of 4-5 months total of her life. I don't know what to do!
Your case sounds like an OAG Child Support case. Is it? Was the abuse physical abuse? If it was, Texas Family Code Sec. 153.004 prohibits the appointment of joint managing conservators in my opinion. Was there a hearing in your court? Did you get your evidence before the court? Please go consult some family law counsel in Potter County now while this is temporary before a bad final order gets made for your child. Find out what Legal Aid options exist for you in Potter County. Take someone to court with you for moral support. If you had any witnesses to physical abuse they must be invited to court and/or be subpoenaed to court. The visitation you explained makes little or no sense to me where your child is concerned. If you are in an OAG court, you have a right to request a de novo hearing within 3 days of your final order if you disagree with it. Your child may need an attorney ad litem appointed in the court proceedings if Potter County alllows such appointments in cases like yours. The orders do not sound like they are in your child's best interests, but the key is whether the court receives all the evidence of your child' s best interests. Please try to talk to family law counsel in Potter County.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Hire an attorney and file a Motion for Further Temporary Orders so you can put on evidence about how this arrangement is not in the child's best interests. Take her to the doctor and state your concerns as well. Make sure there is nothing physically wrong.
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