PART 3
My ex-husband finally hired an attorney in October 2000. At this point, I had had the children for 16 months (15 months of that with sole legal/physical custody). My ex-husband was asking the California court to set aside the order giving me custody. The judge who normally presided over our California case was not available for the hearing so a temporary judge was put in.
The day was December 21, 2000. It was, and remains, one of the worst days of my life. The Commissioner who was sitting in for the regular judge not only voided the previous order giving me custody...he also allowed my ex-husband to take the children right then and there! I was not even allowed to say good-bye to them. To say I was devastated is such an understatement. My whole body went numb. I thought I was going to pass out. I was shaking and physically sick to my stomach. How could this happen?
The Comissioner had the following information before him:
1. A letter from our daughter's doctor stating that our child was abused while in her father's care and that the father was "a danger to the child";
2. Mediator's reports from the court stating that the children had been abused by my ex-husband and his girlfriend;
3. A letter from our daughter's therapist stating that whe was in care for depression.
These are only THREE of the resources the judge had available to him. Did he not investigate the case history? I will never know.
I became depressed. I couldn't eat. I couldn't sleep. My doctor tookj me off of work for a few months (I am a nurse in the local county jail). I couldn't afford my California attorney any longer (I still owe her $6,000). When I could sleep, the nightmares of what my children could possibly be going through were vivid and horrendous.
I tried to call and speak with the children. My ex-husband refused to allow me to talk to them EVERY SINGLE TIME.
As I pulled my life together, I slowly started my court proceedings again. I was now going to have to do things pro per (without an attorney). I had a couple of things going for me: First, and foremost, was my strong love for my children. Second, I had a computer with Internet access that allows me to research. Third, I have a love for knowledge and can absorb information.
My first step was to go back to court to reestablish my parenting time. The old court order had been voided when I obtained custody of the children. I could no longer fight for custody in the California court, but I was able to get back my previous parenting plan as an order of the court.
I was to have my children for parenting time beginning June 1, 2002. My ex-husband refused to tell me where the children were. I proceeded with a contempt hearing pro per. On July 16, 2002, my ex-husband was found in contempt of three court orders. The first was denying me my parenting time. The second was not providing me with an address and phone number for the children (I still do not have this information....I send things to a post office box). The third charge was failing to provide me with the children's school information.
The judge issued a warrant for my ex-husband's arrest. Bail has been set at $150,000. I don't know if he will ever be arrested on these charges. The warrant is, alas, considered non-extraditable.
And this is where my situation stands at this time. My ex-husband has a criminal warrant for his arrest; I haven't seen my children in nearly 3 years; the Texas court system is unable/unwilling to assist me in my situation; and my heart dies a little more every day.
As I mentioned previously, I am a nurse with the Sheriff's Department in the county I live in. My ex-husband's employer? The Edinburg Police Department in Edinburg, Texas. He is a police officer.
For more information, please contact:
Ms. Sloan C. Kozsan
PO Box 293566
Sacramento, CA 95829-3566
