Legal Question in Family Law in Texas

Hi,My name is Chris Morrow i am about to be going to child support court here in Scurry County Texas but the NCP is telling me she going to call Cps and even tell the judge im beating on my kids witch is a huge lie i dont belive in physically touching a kid im the type that would rather talk or use time out as a last resort but if she dose what she plans what well the judge do


Asked on 1/12/13, 6:33 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I would talk to a family law attorney in your county about your problem(s).

How do you prove that you did NOT do something?

And please be aware that judges know that people lie under oath all the time.

I could claim that you beat your children -- but I've never met you. Of course, you would come to court and you would have to defend yourself. You woud win because you would eventually be able to prove that we had never met. However, you would have to defend yourself in court. I could call CPS on you & I've never met you. Again, you would eventually be found innocent, but I could cause you all sorts of problems initially.

The judge is allowed to talk to the children in chambers without anyone present if they are over the age of 12 if one of the party's request it.

I would also have a list of people that are willing to testify on your behalf that have seen you with your children - neighbors, school teachers, relatives, people from church, etc You need their full names, addresses, phone numbers ready to give your attorney.

You might also want to have your children in counseling to make sure that they are talking to someone trained that can help them stay "sane" during this difficult period.

You will also want to have a list of all medical care providers that see your children and the dates that they saw the children and the purpose of each visit for your attorney. If the mother claims that on a certain date that you hit the child but around that time you took the child to a doctor for a doctor's visit and the doctor did not observe any bruises, then you can probably show the judge that you did not hit your children.

You need to keep a diary of all the threats she is making. Paperwork is your friend. I would also have a savings account stocked full of money (aim for $25,000) so that you can be prepared in case she ever takes you back to court or calls CPS. If you never need it, then your children have a nest-egg for college.

I hope this information is helpful. Good luck!

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Answered on 1/12/13, 11:14 pm


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