Mom’s Relocation Plan Hits Major Roadblock in Court ️

[00:00:00]Good morning.

[00:00:02]>> Do you both swear to the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

[00:00:09]>> Yes, I do.

[00:00:11]>> Yes, I swear to tell the truth.

[00:00:13]>> Okay, thank you.

[00:00:14]All right, is that to proceed proceed?

[00:00:18]>> Thank you, Your Honor. Um, this is a petition to establish parent-child relationship, and we do not have an agreement in this case, so I'm going to go ahead and take testimony.

[00:00:35]I call, um, Ms. Lubin. Ms. Lubin, will you please state your full name for the record?

[00:00:42]>> Yes, Caitlyn.

[00:00:43]>> [clears throat] >> Your full name, ma'am.

[00:00:46]>> Caitlyn Danae Lubin.

[00:00:49]>> And the name of your child?

[00:00:51]>> Iris Anaya Sharde Lubin.

[00:00:56]>> And, ma'am, how is your child, Iris, currently covered for health care?

[00:01:03]>> Uh, she has Medicaid. She's covered under Parkland Medicaid Health.

[00:01:11]>> And ma'am, do you know, um, are you aware that the other party, um, Mr. Lewis, has requested for a name change?

[00:01:22]>> Yes, I am aware.

[00:01:23]>> Okay, and he's requesting that, um, the dependent's name be changed to Lubin-Lewis.

[00:01:31]>> Yes, I am aware.

[00:01:33]>> Okay, and are you in agreement with that?

[00:01:35]>> No, I am not.

[00:01:37]>> Can you explain why you're not in agreement?

[00:01:41]>> Um, because he wasn't there for my pregnancy, and and I pretty much did everything on my own.

[00:01:48]I don't feel like he deserves to give her that name, and she's perfectly fine with the name that she has.

[00:01:54]>> Okay.

[00:01:56]Um, does Mr. Lewis, um, have some visitation with your child currently?

[00:02:04]>> Yes, he does get a pretty consistent amount of visitation.

[00:02:11]>> And are you in agreement for the two of you to be named joint managing conservator of your child?

[00:02:17]>> No, I want to make sole decisions on my own for my daughter.

[00:02:23]>> Ma'am, has there been acts of family violence between you and Mr. Lewis?

[00:02:28]>> Uh verbal, emotional, not physical, really no.

[00:02:34]>> Has there been an instance [clears throat] where the police was called?

[00:02:38]>> No.

[00:02:39]>> Are there any police reports?

[00:02:41]>> No.

[00:02:46]>> But there's been sometimes where Mr. Lewis kept the child for an extended period of time?

[00:02:52]>> Yeah, and threatened to keep her if things didn't go his way.

[00:02:58]>> Are you asking to um for Mr. Lewis to have supervised visits?

[00:03:05]>> Yes.

[00:03:06]>> Supervised by his family friend Ms. Lauren Ms. Sylvia Lauren Pierre or by your father Mr. Romain Lubin?

[00:03:16]>> Yes.

[00:03:17]>> And you're asking for those periods to be Friday 6:30 to 9:30, Saturday 5:00 to 8:00 p.m., Sundays 6:00 to 8:00 p.m.?

[00:03:29]>> Yes.

[00:03:31]>> Ma'am, has there been um any time where Mr. Lewis has um had family violence against your child?

[00:03:41]>> Uh no.

[00:03:43]>> Um but do you feel that supervised visits is in the best in the child's best interest?

[00:03:49]>> Yes, I I don't like how he drives. I don't It's just certain things that he does I don't want to be around Iris.

[00:03:56]>> Okay.

[00:03:57]>> Cuz she's she's she's soaking up so much and I don't know what he does when I'm not around, so.

[00:04:04]>> Okay.

[00:04:05]The state is um requesting that child support be set at $323 starting September 1st, 2024. Are you in agreement with that?

[00:04:19]>> Yes, that's fine.

[00:04:21]>> State's also requesting that medical support be set at $234 starting September 1st, 2024. Are you in agreement with that?

[00:04:32]>> Yes, that's fine. Um once she gets Medicaid, so she her her uh health is free.

[00:04:43]Um I don't know if that changes if anything, but I'm pretty sure it doesn't.

[00:04:50]>> The state's requesting that child support arrears um as of August 7th, 2024 be set at $10,286 and that's giving the father $50 credit.

[00:05:10]>> Say say that number again. Mr. Lewis is having some feedback on his audio there.

[00:05:14]I didn't hear the number.

[00:05:17]>> Arrears is $10,286.

[00:05:24]Payable at $101 starting September 1st, 2024. Are you in agreement with that?

[00:05:33]>> Yes.

[00:05:38]>> Are you in agreement to set the Dallas and surrounding counties as your primary areas of residence?

[00:05:47]>> No.

[00:05:49]>> You do not want a geographic restriction?

[00:05:52]>> No.

[00:05:53]>> Can you explain why?

[00:05:55]>> Um because we have plans to eventually possibly move out of Texas. I don't know when, but I don't want to be restricted to stay in Texas. I'm only 22. I have a life to chase >> [laughter] >> with my daughter. I don't you know, we have plans. So, I don't I'm not even from Texas. So, I don't I don't plan on staying here forever.

[00:06:17]Um >> Okay. Are you um you're requesting a non-disclosure of your address?

[00:06:24]>> Yeah, um no, that's fine. It doesn't have to be. He already has it. So.

[00:06:29]>> Okay. So, you're requesting a non-disclosure.

[00:06:34]No non-disclosures.

[00:06:36]>> No non-disclosure. That's fine.

[00:06:38]>> So, you are okay with your address and phone number being in today's order.

[00:06:43]>> Yes, that's fine.

[00:06:47]>> Your Honor, I'd like to pass the witness.

[00:06:48]>> Mr. Carnes witness.

[00:06:50]>> Thank you.

[00:06:51]Mr. Lewis, can you please state your full name?

[00:06:54]>> Yes, my name is Leland Jamal Lewis.

[00:06:59]>> And can you state the name of your child, the one that we are discussing today?

[00:07:04]>> Yes, it is Iris Iyana Louvin.

[00:07:09]>> And are you requesting a surname change today?

[00:07:14]>> Yes, correct. Um I would like to add Lewis to her last name, Louvin, hyphenated.

[00:07:27]>> And you have two other children?

[00:07:31]>> Yes, I have two other children. Um as she for mentioned, I wasn't there during her preg- >> The custody hearing begins with a dispute over the child's surname. The mother argues the father wasn't involved during pregnancy and doesn't deserve the child to carry his name. The father fires back saying he sought a DNA test immediately and tried to be involved from the moment he learned he was a biological parent.

[00:07:54]>> Let's see.

[00:07:55]There was another presumed father.

[00:07:58]I was notified after the birth that I may be the father.

[00:08:04]We took a DNA test.

[00:08:06]Immediately after DNA test, I asked for the name change and to be added to the birth certificate. And that was 2 weeks after her birth.

[00:08:19]>> Okay, sir. Um Are you able to make decisions together with the mother for the welfare of your child?

[00:08:28]>> Yes, ma'am. I believe for my daughter's best interest, it's going to take a great deal of compromise for both of us.

[00:08:37]But ultimately, she deserves to have both of us in her life and to um both make decisions on what's in her best interest.

[00:08:47]>> So, are you comfortable with the mother being named sole managing conservator?

[00:08:51]>> No, ma'am.

[00:08:54]>> Are you comfortable being named joint managing conservators with Ms. Lupin?

[00:09:00]>> I am comfortable um as long as like I said, there can be a deal of compromise and we can do achieve the greater goal for Iris. Um there's been instances where I've tried my absolute best to do such. Um and the cooperation wasn't there.

[00:09:20]Uh there's been instances uh went to a doctor's appointment and Iris's Iris wasn't uh updated on all of her vaccines, which concerned me.

[00:09:31]Uh there's been instances where her mother has went out of town and left her with uh people I was unfamiliar with.

[00:09:41]And then there's several times when I've um when Iris goes back to her, she's being watched by a minor or uh someone that I would deem uncomfortable um for 2-year-old to be with.

[00:09:56]And uh that's kind of been a ongoing issue as far as her well-being and as well as Ms. Lubin's new partner.

[00:10:06]Um I sent Ms. Lubin a certified mail last year, September uh 18th. Um that certified mail was a request um agreement stating that she would change the last name, add me to the birth certificate, I would give her $50 a month or every week for child support. Um as soon as the paperwork was done, Ms. Lubin uh denied to um do that as well as her partner threatened that if I didn't make payments, this my daughter would have to find somewhere to live.

[00:10:48]Um whenever there's a vacation with them, she's left out. So I often feel as if my daughter is tolerated and not um necessarily wanted in the environment.

[00:11:01]However, that's not something I'm in control of.

[00:11:04]It does concern me um but she when she comes to me, she's well. She doesn't seem like she's abusing or anything. So those concerns can be set aside. However, I do still think that for her best interest um with my decision-making um that I should be the one making the decisions just based off the fact that it's for her best interest and I'm willing to compromise it for anything as long as it's benefiting her.

[00:11:37]>> So, you're asking for you to be sole managing conservator. [clears throat] >> Yes, correct.

[00:11:47]>> Do you know who Ms. Sylvia Lauren Pierre is?

[00:11:51]>> Yes, she's a very close friend, and she's the godmother of my three children.

[00:11:58]>> If the court rules for supervised visits, are you able to have her be the person to supervise your visitation? Are you comfortable with this person?

[00:12:11]>> I deem that unnecessary.

[00:12:14]Um I have hundreds of pictures of me and Iris going to libraries, going on vacation.

[00:12:22]>> the question, Mr. Lewis.

[00:12:23]>> No, sir. I don't think that that would be necessary.

[00:12:26]>> That wasn't the question.

[00:12:28]But you know you know who Are you comfortable with Ms. Sylvia Lauren Pierre?

[00:12:34]>> Yes, ma'am.

[00:12:35]>> Would you be comfortable with her supervising your visitation if that's ordered?

[00:12:42]>> Yes, ma'am.

[00:12:43]>> Okay.

[00:12:46]Sir, your gro- um you make $15 an hour?

[00:12:51]>> Yes, correct.

[00:12:52]>> And your gross monthly income is around $2,600?

[00:12:57]>> Yes, ma'am.

[00:12:59]>> Do you know how your daughter's covered for health insurance?

[00:13:04]>> Uh currently, she's on Medicaid.

[00:13:06]>> Okay.

[00:13:08]The state's setting child support at $323 a month starting September 1st, 2024.

[00:13:15]Are you in agreement with that amount?

[00:13:17]>> No, ma'am.

[00:13:21]>> Can you explain why?

[00:13:23]>> Uh as I mentioned, I do I three children.

[00:13:26]Um, uh financially it would handicap me to not be able to do as much as I do with them when I have them as far as um babysitters and um just wouldn't necessarily be able to afford it.

[00:13:45]>> So, what do you think child support should be set up for this child?

[00:13:52]>> Um, as I mentioned, I do uh I got her 50% of the time.

[00:13:59]For the most part, um we had an agreement for $50 a week. I have texts to prove that. Um I deemed it that would be fair as well as the Medicaid.

[00:14:13]Uh I think that would be appropriate considering I still provide her clothes, shoes, etc. Uh for my home and and for Ms. Louvin's home as well.

[00:14:23]>> Okay, so you're asking for the court to set child support at $200 a month.

[00:14:28]>> Yes, correct.

[00:14:30]Or uh if there's a cuz uh I did speak with an attorney and with the fact that I am already on a court-ordered for child support um if they could if the court could recognize um my other um child support that's already in place to appropriate it to where um both um my children will receive the compensation they're due.

[00:14:58]Uh I'm fine with that.

[00:15:00]>> The state's setting medical support at $234 a month starting September 1st, 2024.

[00:15:08]Are you in agreement with that?

[00:15:11]>> Uh yes, uh I am will speak with my employer um about medical coverage for the kids to uh switch them from Medicaid to um my insurance.

[00:15:25]>> Do you know how much it would cost to carry your daughter on your current medical plan through your employer?

[00:15:34]>> Uh not currently. I will look into that and see what's going to be best financially and uh make that decision.

[00:15:42]>> Okay.

[00:15:44]Child support arrears was calculated at $10,336.

[00:15:52]Um you have requested a $4,000 credit.

[00:15:56]Is that correct?

[00:15:58]>> Um that's just off the top of my head of what I could calculate as far as on uh the apps but when I compute my receipts, I would like to not owe anything.

[00:16:10]Um I don't think that that's accurate at all.

[00:16:13]Um I have receipts, pictures, uh whatever the court would deem valid for me to uh back that.

[00:16:22]>> So you're asking for no arrears to be awarded because you are saying that you've had the child for about 50% of the time. Is that correct?

[00:16:32]>> Yes, correct.

[00:16:34]>> Okay.

[00:16:35]Um if child if child support arrears is awarded and you're given $4,000 credit, that would make the amount $5,690 which is payable at $78 a month starting September 1st, 2024.

[00:16:57]If that's awarded, would you be in agreement with that?

[00:17:01]>> Uh no, ma'am. I don't believe that uh that would be accurate. The only time I have not uh gotten ours is when she's withheld from me.

[00:17:12]Um other than that, uh I've pretty consistent picking, dropping off.

[00:17:18]Like I said, I purchased a bed for her home for Ms. Louvin.

[00:17:23]>> The mother demands supervised visitation.

[00:17:26]Claiming concerns about the father's behavior.

[00:17:28]While the father argues he's been an active parent and questions the child's care when she's with the mother. The judge quickly realizes this case is becoming more about the parents conflict than the child's needs.

[00:17:40]>> this home also purchased a car seat for Ms. Louvin, potty seat clothes, shoes, hair products, all of Iris's needs I've purchased for not just my home, but for Ms. Louvin's home as well.

[00:17:55]And I believe the court should recognize that.

[00:17:58]>> Okay, sir. Um the mother's requesting to have no geographic restriction. Are you wanting a geographic restriction in this matter?

[00:18:09]>> Uh yes, ma'am. It's important for me for Iris to have both of her parents.

[00:18:15]Um I believe that we both should be in close proximity for her best interest.

[00:18:21]Um I would hate to restrict Ms. Louvin from moving if she would like to move and the court will order that it's acceptable.

[00:18:31]If it's a good job or whatever the case may be, I'm fine with that. Um I just would like, you know, for her not to just move for the sake of it. And uh and it won't be in the best interest of our child.

[00:18:47]>> Sir, are you requesting a non-disclosure in this matter?

[00:18:52]>> No, no, ma'am. I believe we both of us should be aware where our child is at all times.

[00:18:58]Um I think that that should be afforded to both of us.

[00:19:02]>> So, you're comfortable with both your address and phone number being in today's order.

[00:19:08]>> Yes, ma'am.

[00:19:09]>> Sir, court costs are assessed to you today. Are you in agreement with that?

[00:19:15]>> No, ma'am. As I mentioned day one of me finding my paternity of Iris, I have reached out to Ms. Louvin to settle this outside of court numerous of times. I even have proof of certified mail of the agreement sent to her to rectify this outside of court. And unfortunately, we weren't able to uh settle this outside of court. Uh so, I do believe that she should be assessed the the court fees um due to the fact of our several attempts outside of court.

[00:19:55]>> Thank you. Your Honor, I'd like to pass the witness.

[00:19:58]>> All right. I don't know that y'all listen to each other, but what I can hear from both of y'all is y'all both have very unreasonable expectations of what's supposed to happen today.

[00:20:08]Uh what I'm hearing from both of y'all is what you want and not what your child wants.

[00:20:13]What y'all need to do is you need to have need to sit down and think about what your child needs and what your child wants and not what you want.

[00:20:22]Um y'all made decisions. You chose each other to be parents of this child.

[00:20:28]>> No.

[00:20:28]>> You have to make this >> It was >> I'm talking. I'm talking.

[00:20:34]Y'all made a decision to have this child.

[00:20:37]Y'all are going to be together somehow or the other for the rest of your lives as parents of this child. You don't have to date each other anymore. May not like each other, but you tied yourself to this other person for the rest of your life.

[00:20:51]That's the way it's going to be.

[00:20:53]You don't have a choice to as in that matter cuz you made a choice to make a child together.

[00:20:58]So, y'all have to come up with some things that you have to do some things that you may not like personally.

[00:21:03]Maybe some things that you don't like individually, but that are things that you're will benefit your child.

[00:21:09]Uh so, I'm making a ruling, of course, that Mr. Lewis, the biological father, uh since you all were not married, then you all should both have the child The child should have both your last names. It's not an unreasonable request.

[00:21:22]So, I'm changing the child's last name to Lubin-Lewis.

[00:21:25]When you get a copy of this order, either one of you can go to the birth certificate office to change the child's name, and you should also go to the Social Security office to change the child's name. I'm sure the child is not in school yet. When the child gets enrolled, she needs to get enrolled as Lubin-Lewis, and that needs to be her name for the rest of her life, until maybe she gets married.

[00:21:46]Um there is government medical is all we have right now because neither one of you have enrolled the child in any private insurance through your employer.

[00:21:55]Medicaid is not free. Somebody pays for those doctors and nurses.

[00:22:00]Then one of you pay for it instead.

[00:22:03]So, Mr. Lewis, you're ordered to pay medical support of $234 a month to pay for some of those costs.

[00:22:09]If either one of you find insurance that's cheaper, then definitely that's something we can explore later on. Mr. Lewis, if you find insurance, you can enroll the child, notify Ms. Lubin, and notify the Attorney General's office, and then they may be able to stop you from having to pay the 234, but of course, you got to keep up your premiums and make sure that you maintain your health insurance. Until then, you're going to be charged a 234 until you do that.

[00:22:36]You all decided to have this child in the DFW area. The child must remain in the Dallas DFW area.

[00:22:43]Ms. Lubin, if you want to move, I'm not making you move, but the court order reads that the child must live in the DFW area. So, if you want to leave your child here with somebody else, that's your option, but the child cannot leave.

[00:22:55]The child has to be with both parents, as I said at the beginning, and that means that that can that cannot happen if you move.

[00:23:02]Uh once you lay down roots here, that's the way it is. You have to understand that's it's for the child's best interest, not for each of you.

[00:23:10]Uh you're telling me what you want, not what the child needs.

[00:23:13]Um I don't find any reason why there should be supervised visitation. That makes no sense to me. I don't know why we even discussed that today.

[00:23:21]Uh Mr. Lewis has the right to visit on the first, third, and fifth Fridays of each month from Friday at 6:00 p.m.

[00:23:27]until Sunday at 6:00 p.m. Mr. Lewis, you're going to meet her at her doorstep. She's going to take the child and then bring the child back on Sunday night.

[00:23:36]Um child support will be set, Mr. Lewis.

[00:23:38]You do have an order to pay child support. They've already taken into account that you have other children in making this calculation. And so child support set at $323 a month.

[00:23:50]I don't believe, Mr. Lewis, that you have split possession the whole time or that you provided all this money that you claim you did. I don't believe that.

[00:23:58]So, there is going to be some arrears.

[00:24:00]I'm entering a judgment of $6,000 is what you owe for the past, payable at $60 a month until paid in full.

[00:24:08]Um y'all are uh there's no non-disclosure, so both of y'all are required and obligated by the court order to provide your address in the court order. This the Attorney Jones' office will include that today.

[00:24:19]And anytime that you move, either one of you move in the future, you're obligated to let the other party know, as well as the Attorney Jones' office.

[00:24:26]Court costs are billed to you, Mr. Lewis, in in full. The attorney The uh Dodge County will be sending you a bill for that, and you will have to pay that.

[00:24:35]As I said, I understand there are things that you may not like, but these are things that you have to follow even if you don't agree with them. This is a court order. You have to follow the court orders even though you may not agree with them.

[00:24:46]Some of the things that I've decided today have kind of gone in your favor, and maybe some have not. But the way I look at it, I'm making a decision for your child, not for what you individually want, which is maybe not the same thing.

[00:24:59]So, y'all have to follow this order until something changes, until you get a new court order. You don't have a choice to do something different. Period.

[00:25:08]The Attorney General's office will put this in a court order and email you both a copy. Y'all both need to follow it.

[00:25:14]You If you have any questions, read the order. It'll probably answer any questions you may have in the future.

[00:25:19]And uh that'll be all for today.

[00:25:21]Y'all are done with court. You can press leave on the Zoom to exit out. Thank you.

[00:25:25]>> Your Honor, may I have a ruling on conservatorship? Um >> Joint managing.

[00:25:30]Joint managing.

[00:25:32]>> Thank you.

[00:25:33]>> Can I ask one >> The judge rejects the drama and focuses on the child. He orders joint managing conservatorship, changes the child's name to a hyphenated surname, establishes child support, and denies supervised visitation. His strongest message is clear.

[00:25:51]The parents may not like each other, but they chose to have a child together and must now put the child's best interests ahead of their personal disputes.