MY STORY:
PART 2
    I started proceedings in California to have custody changed back to me.  The "significant change in circumstance" was abuse towards our daughter by my ex-husband and his girlfriend.  Also, my ex-husband was no longer complying with court orders regarding my parenting time and phone contact was no longer allowed between our children and myself.  I filed a motion on January 10, 1998 with the Sacramento courts.  While waiting for our mediation appointment, my ex-husband (with assistance from his uncle) filed a motion for custody with the 332nd Hidalgo County Courthouse in McAllen, Texas (Cause No. 622-98-F).  He filed this motion on February 14, 1998.  In his deposition to the court, my ex-husband stated that "no other state had continuing, exclusive jurisdiction" and that there was "no current court action pertaining to this case in any other state".  He perjured himself.

     A hearing was held in Texas, which I was NOT present at.  I was NOT represented by council either.  The court in Texas ordered that Texas had jurisdiction over matters regarding the custody of the children, but that California retained jurisdiction over visitation and child support.  The court in California was still adamant that THEY had jurisdiction over all issues.  In this same Texas court order, the judge ordered me to post a $10,000 cash bond payable to my ex-husband if I wanted to exercise my parenting time.  I was never a flight risk.  There was no reason for the judge to order this except for the fact that my ex-husband and his attorney asked for it.  The judge did add that if I were to drop the California case (the WHOLE case...not the current filing) then there would be no reason for me to post the bond.  The Texas court was now blackmailing me.

     I obtained a Texas attorney who was dismissed by the judge due to some sort of "conflict".  I then had to obtain another Texas attorney.  The judge took weeks to sign the form that allowed me to substitute council.  I had my new attorney file an appeal to set aside the Texas custody order.  It took seventeen months to get back before the Texas judge.  Seventeen months in which I was not "allowed" to see my children.  The judge on the case allowed me to have access to the children because according to the California order it was my parenting time (summer of 1999).

     The Texas judge denied the set aside motion.  I left Texas with the children to finish my parenting time.  I returned to my home state of California.  Within a few days, the Texas judge issued a felony warrant for my arrest on charges that I interfered with custody of the children.  This warrant was later "no billed" by the Texas Grand Jury who found that I was in my rights to have access to the children at the time.  I now carry around a certified copy of this "no bill" stating that if I am arrested on the Texas judge's warrant, I am to be released immediately.

     While in California, the extent of the physical, emotional, mental and possible sexual abuse of our daughter was all too apparent.  Our daughter had chronic urinary tract infections which a doctor later stated (to the court) could have been an indication of sexual abuse.  Our daughter's other injuries also included a dog bite on her foot and multiple bruises and lacerations all over her body which were not consistent with what my daughter was saying happened to her.  Example:  Our daughter had bruising
between her thighs that she said she obtained when she "ran into a pole".

     Both my son and daughter were interviewed per a court order by a mediation with the Sacramento Family Court system.  The mediator determined that in fact their father and his girlfriend were abusing the children.  I, personally, have never been abusive, and I have never been accused of any type of abuse.  The mediator recommended that the court award me sole physical and legal custody of the children.  The California court concurred, and I was given custody of the children.  That was in July of 1999.

     My daughter continued seeing therapists and doctors for Post Trumatic Stress Disorder (PTSD), severe separation anxiety, Oppositional Defiance Disorder (ODD) and depression.  All of this was attributed to the abuse my daughter endured while in the custody of my ex-husband.  My daughter was considered emotionally disabled and was placed in a structured school, put on medication and qualified for Social Security benefits.
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