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Dad Seeks Sole Custody After CPS Placed Child with Him Due to Mom's Issues

Автор: Court Archives

Загружено: 2024-11-06

Просмотров: 139409

Описание: Custody hearing for a child named Waylon. Here's a summary of the key points:

The Case: A custody dispute between the father, Trey Tyler Party, and the mother, Kelsey Ray Hall. Mr. Party is seeking to be named sole managing conservator. Child Protective Services (CPS) previously placed Waylon with Mr. Party due to Ms. Hall's history of drug use and criminal activity.

Father's Testimony: Mr. Party testifies that Waylon has lived with him for 2.5 years, he makes all major decisions for Waylon, and Ms. Hall's last visit was a week-long supervised visit in early August. He expresses safety concerns due to Ms. Hall's past irresponsibility and lack of reliable transportation. He seeks sole managing conservatorship, is employed, and will provide health insurance for Waylon at a cost of $465/month (covering himself and Waylon). He notes Waylon has some behavioral issues at school but is receiving support.

Mother's Testimony: Ms. Hall claims she hasn't had consistent access to Waylon due to Mr. Party's restrictions. She states she's six months sober, undergoes regular drug testing by her parents, and hasn't had custody formally removed from her. She acknowledges past drug use and criminal history but insists she's changed and is a good mother. She admits to having been in jail and having a history of drug charges and a burglary charge that was dropped. She currently lives with her parents, is unemployed, and has difficulty providing specifics regarding her employment history and transportation. She denies having ever been to rehab or NA.

Judge's Ruling: The judge rules in favor of Mr. Party as managing conservator and Ms. Hall as possessory conservator. Key aspects of the ruling include:

Visitation: Supervised visits for Ms. Hall on the 2nd and 4th weekends, from Friday 6 PM to Sunday 6 PM, supervised by her mother at her mother's home. If her mother is unavailable, supervision will be by Mr. Party or his designee from 1 PM to 5 PM at his home or another agreed location.
Drug Testing: Ms. Hall must undergo drug testing quarterly at National Screening. Failure to comply or a positive test will result in supervised visitation through a program, not her parents' home, until she provides a clean test.
Child Support: Child support is set at zero, but Ms. Hall will pay Mr. Party $233 per month (half the cost of Waylon's insurance) beginning November 1st, 2024. No back child support is ordered.
Injunction: An injunction prohibits Ms. Hall from using drugs or alcohol within 24 hours of, or during, visits with Waylon.
Court Costs: Court costs are to be paid by Ms. Hall by October 1st, 2025, through the Liberty County District Clerk's office.
The ruling emphasizes the protection of Waylon's well-being and aims to provide structured visitation while encouraging Ms. Hall's continued sobriety. The judge incorporates language from a proposed order to ensure compliance with any existing protective orders or legal stipulations.

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Dad Seeks Sole Custody After CPS Placed Child with Him Due to Mom's Issues

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