Ex-Wife Blocks Dad’s Visitation After He Moves On With New Girlfriend — Instant Legal Backfire

[00:00:00]Okay, >> that's not what she asked.

[00:00:02]>> Miss Brown, be quiet.

[00:00:03]>> It calls the mother. Ma'am, will you state your name?

[00:00:08]>> Oh, Venezuela Brown.

[00:00:10]>> And what's the name of the child in this case?

[00:00:12]>> Madison Aa McCle.

[00:00:15]>> And um how old is she?

[00:00:17]>> Madison is nine.

[00:00:19]>> And when she was born, did Mr. Christian McCle sign a document stating that he's the biological father?

[00:00:24]>> He did. Okay.

[00:00:27]And does Madison live primarily with you?

[00:00:30]>> He does.

[00:00:31]>> Has there been any family violence in the last two years between you and the father?

[00:00:37]>> Um, when you say family, do you mean like verbally, physically? Like what?

[00:00:42]>> Um, anything that you categorize as family violence between you and the father? Verbal, physical?

[00:00:47]>> Oh, yeah. This is this past Saturday.

[00:00:50]>> And what happened?

[00:00:52]>> Um, I guess he was intoxic. I don't know if he was intoxicated or if he was he was something, but he was he called me.

[00:01:01]He even called my mom from private.

[00:01:05]Um he told my mother that she could suck his penis. That's what he told her. He's unstable. I want full I already >> Okay, we'll we'll get to that, Miss Brown. So, had there been any physical violence between the two of you >> in the past two years? No. cuz I don't see him. Because I don't trust I don't trust him cuz he's unstable.

[00:01:26]>> I don't trust him at all.

[00:01:27]>> Does he ever send you any threatening threatening or harassing text messages or phone?

[00:01:31]>> He sure does. And I sent it to his dad.

[00:01:33]He sure does. Yep. He sure do. He does.

[00:01:37]>> Was there um an incident recently at a movie theater?

[00:01:42]>> No, that movie theater event happened when me and him were together, but y'all can look it up. It was at Cedar Hill movies. Um So, there was no family violence at the movie theater. No incident.

[00:01:54]>> They have to tase him.

[00:01:57]>> And what year and month was this?

[00:02:01]>> I can't remember, but it was when me and him were together, but that doesn't even matter. I mean, >> so do you have any safety concerns if your address or your phone number is printed in the court order?

[00:02:11]>> He already know where I live. So, >> if you were to move tomorrow, um would you feel comfortable giving him your new address?

[00:02:18]>> He would never know where I live. No.

[00:02:20]And he has your chrome uh phone number currently.

[00:02:23]>> He does.

[00:02:24]>> Okay.

[00:02:26]Um >> do you think that you and Mr. McCall can co-parent and make decisions for your daughter together or No.

[00:02:36]>> I mean that's if he doesn't do anything. My daughter, she just had a football game yesterday.

[00:02:43]He didn't even show up for his daughter.

[00:02:45]My daughter had she plays flag football.

[00:02:48]She done had probably 50 games and he's only showed up to maybe two. I don't want to. It's no reason. I'm my I'm my daughter's full custodial parent.

[00:02:58]>> And husband came around. He didn't buy no un He bought three uniforms.

[00:03:03]>> Mr. Brown, please stop.

[00:03:05]>> Just try to answer just the questions she's asking you. You don't need to go long to raid. Okay. Thank you.

[00:03:11]>> Has Mr. Mccole reached out to you to try to be involved in making decisions for Madison or No.

[00:03:17]No. What kind of decisions can he make?

[00:03:21]>> Has he tried to be involved in anything regarding her life?

[00:03:25]>> He'll uh he'll get her here sometimes here and there, but the thing is what I'm saying, ma'am, is I don't trust him getting my daughter because he >> Okay, we'll come back to that in just a second.

[00:03:36]>> Okay.

[00:03:37]>> Um, so are you requesting me a joint managing conservator or a sole managing conservator?

[00:03:43]No, I want full custody of my daughter.

[00:03:46]>> Are you requesting to be a joint managing conservator or soul?

[00:03:50]>> Soul means by yourself.

[00:03:52]>> Means you'd be able to make the decisions for the child on your own.

[00:03:55]>> That's what I do now. So, yes.

[00:03:56]>> Okay. Are you in agreement with designating your child's primary residence in Dallas or any contiguous county?

[00:04:04]>> Yes.

[00:04:05]>> Okay. Um, and when is the last time Mr. Chicago had a visitation with your your child.

[00:04:16]>> Um maybe 3 weeks, three weeks ago maybe.

[00:04:19]>> And was it during the daytime or was it an overnight?

[00:04:22]>> She said overnight with her dad.

[00:04:25]>> Okay.

[00:04:25]>> All right, guys. Buckle up because this custody hearing takes a shocking turn fast. The father refuses alcohol restrictions, says he's okay with not seeing his daughter, then suddenly drops an emotional line that completely changes the courtroom energy. This one gets tense immediately.

[00:04:43]>> Um, and do you have concerns with Mr. Mccole drinking alcohol?

[00:04:48]>> Correct. He has three He has like two or three DWI. He just got off of probation.

[00:04:54]>> Okay. Would you want the court to order a drug and alcohol injunction so he's not allowed to um drink or consume drugs 12 hours before he has her or while he has possession of her?

[00:05:08]>> Yes.

[00:05:10]>> Okay.

[00:05:13]Would you be okay with Mr. Macob having a standard possession schedule where he has every first, third, and fifth weekend of the month?

[00:05:23]>> I'm sorry. Can you repeat that? Would you be okay with him having the standard schedule where he'd have every third first, third, and fifth weekend of the month?

[00:05:32]>> Um, that's fine. Is that Is it going to be the alcohol test before he get her? That was to happen.

[00:05:43]>> So, do you have are you okay with him having overnight possession or no?

[00:05:50]>> No.

[00:05:52]>> Okay.

[00:05:54]So, what kind of visitation schedule would you want the court to enter today?

[00:05:58]>> She can go with her grandparents. His grandparent his his parents live like five minutes uh five or 10 minutes from my mom's house. Um so, if he wants to visit, it would have to be supervised visitation, but I don't want her staying the night with him at all. No.

[00:06:15]>> Okay. And didn't she stay the night with him a couple weeks ago?

[00:06:18]>> Yes, ma'am.

[00:06:19]>> And how did that go?

[00:06:22]>> Um it was okay. I had asked her where does she sleep at. She said she has slept on the couch. But uh I guess he he d someone. She has three kids, but two out of three of the kids are like disabled. So I don't know how the sleeping schedule goes. Okay.

[00:06:39]>> You know.

[00:06:40]>> So does Mr. McCogle have his own residence? Do you know?

[00:06:44]>> He lives with his girlfriend.

[00:06:46]>> Okay. And so you're not sure if your daughter has her own bed when she's over there?

[00:06:50]>> Ma'am, I'm sorry. You're not sure if your daughter has her own bed when she's over there?

[00:06:54]>> I know she doesn't cuz I have a two bedroom. She don't have her own room.

[00:06:59]>> Okay.

[00:07:00]>> And so you're wanting him to have supervised visits >> with ma'am.

[00:07:04]>> Okay.

[00:07:05]>> With his um with his parents, with her grandparents.

[00:07:09]>> Okay. And what kind of health insurance coverage does Madison have? So, um she has blue cross blue she has blue cross blue shield and then she also has um insurance with the states.

[00:07:23]>> Okay. And the blue cross is that through you or through Mr. McCaggle?

[00:07:26]>> No, ma'am. It's with his parent. It's with his dad.

[00:07:29]>> Okay. So, when you take her to the doctor, are you which insurance do you primarily use?

[00:07:34]>> I use the Texas the state insurance.

[00:07:38]>> Okay. Have you told the doctor's office that she also has private insurance?

[00:07:41]>> Yes, ma'am. Okay. Okay.

[00:07:44]>> We're requesting that the order state for Mr. Mccogle to um carry insurance through another source. Would you be okay with that?

[00:07:57]>> Um and based on Mr. Mccogle's income of $20 per hour at 40 hours per week, we calculated child support at 593 each month beginning October 1st. Are you in agreement with that amount, ma'am?

[00:08:10]>> That's fine. Okay.

[00:08:13]>> Um, and are you requesting retroactive child support today?

[00:08:17]>> What does that mean?

[00:08:18]>> Um, that's child support for the past.

[00:08:22]>> Oh, yes.

[00:08:23]>> Okay. In the last four years, did you and Mr. Macago live together?

[00:08:27]>> No, ma'am.

[00:08:29]>> All right. And did he provide you any financial financial support in the last four years?

[00:08:33]>> Here and there. Yes.

[00:08:35]>> Okay. How much would you say that he's given you in the last four years in total?

[00:08:42]about 2,200.

[00:08:45]>> Okay. And so we first calculated a retroactive child support judgement amount at $28,464 and then subtracted $2,200 for credit, which leaves a balance of $26,264.

[00:09:01]Is that what you're requesting be ordered today?

[00:09:04]>> Yes, ma'am.

[00:09:05]>> Okay.

[00:09:08]Um, I'll pass the witness.

[00:09:12]The state calls the father. Sir, will you state your name?

[00:09:16]>> You're on mute.

[00:09:19]>> Hello.

[00:09:21]>> Will you state your name?

[00:09:22]>> Christian.

[00:09:24]>> Okay. And um, sir, when the child Madison was born, did you sign a document stating that you're her biological father?

[00:09:30]>> This mother wastes absolutely no time exposing what she says has been years of chaos, threats, and instability. From disturbing phone calls to accusations about being absent as a father, the courtroom starts heating up before the judge even steps in.

[00:09:44]>> Yes.

[00:09:45]>> Okay. Has there been any family violence in the last 2 years between you and Miss Brown?

[00:09:49]>> No.

[00:09:52]>> Okay.

[00:09:53]Um, do you have any safety concerns if your address or your phone number is printed in the court order?

[00:09:59]>> No, ma'am.

[00:10:00]>> Okay. You heard Miss Brown state that she's requesting a non-disclosure, so her address would be marked out. Are you okay with that? Or do you want to know the address where the child is?

[00:10:10]>> No.

[00:10:13]>> You're you want to know the address where the child is? Is that right?

[00:10:24]>> So, if I want to get a lawyer and um get my own lawyer, >> way past that, sir. We're already halfway through a contested hearing. I need you to answer the question that she's asked. Do you want to know her address or you don't want to know her address?

[00:10:38]>> Oh, okay. No, we ain't in hearing.

[00:10:43]Gotcha.

[00:10:44]>> I need to know what you want.

[00:10:46]>> No, I don't.

[00:10:49]>> So, you're okay with her address being marked as confidential?

[00:10:52]>> Yes.

[00:10:53]>> Which means you would not know where the child lives. Do you understand that?

[00:10:56]>> Yes.

[00:10:57]>> Okay. And you're okay with that?

[00:10:58]>> Yes.

[00:10:59]>> All right. Um, do you think that you and Miss Brown can co-parent and make decisions for your daughter together?

[00:11:06]>> Yes.

[00:11:08]>> All right. And when you in the past, have you reached out to Miss Brown at all to um inquire about Madison's um life?

[00:11:18]>> Yes.

[00:11:19]>> And whenever you do that, what happens?

[00:11:21]Do you and the mother have a good conversation or does it turn into an argument?

[00:11:25]>> Uh, I don't like talking to her. Uh, she's very rude person. Uh, I don't uh I try to stay away from negativity at all all times. So, I just I just don't talk to her. And most of the time I I I can't get in touch with Madison or talk to her cuz this person is just a rude person.

[00:11:44]If I try to call her, it's always call her on cell phone or talk to her and her phone is off or she's in there. I'm not going to get off the phone and and talk to her or she's too too busy. So, I just I just am um there uh every birthday. Uh Chris um I belong to two churches. Uh she's she's she loves both churches.

[00:12:09]>> So, are you wanting to be a joint managing conservator so you can make decisions for her with the mother?

[00:12:18]>> No.

[00:12:19]>> Are you okay with Miss Brown making the decisions on her own?

[00:12:22]>> Yes.

[00:12:23]>> Okay. Um, and you heard Miss Brown state that she thinks there should be supervised visitation. Do you agree or disagree with that?

[00:12:32]>> Uh, no. Uh, I don't uh I'm okay with not seeing her.

[00:12:53]>> Okay. Um, and you had an overnight visit with her a couple weeks ago, right?

[00:12:59]>> Yeah, my father's birthday.

[00:13:01]>> Okay. And does she have a um a bed to sleep at at your residence?

[00:13:06]>> Yeah, I had an air mattress.

[00:13:09]>> Okay. Um >> Oh, yeah. Yeah. You pump it up. Yeah.

[00:13:14]>> Okay. So, you're okay with your visits being supervised by your parents?

[00:13:20]>> Oh, yeah. Yeah. Yeah. They Yes.

[00:13:23]Do you think you need to be supervised while you're watching your child?

[00:13:28]>> Um, I'm um my parents would will watch her. I'm not >> okay.

[00:13:36]>> That's not what she asked.

[00:13:38]>> M Brown, be quiet.

[00:13:42]>> Um, Mr. Mr. Chicago, would you agree to a an [ __ ] injunction stating that you cannot consume drugs or alcohol 12 hours before you see your daughter or during your possession?

[00:13:54]>> Um, I just got I've been doing your analysis testes. Um Um I just got off probation two years. I have not been >> Is that a yes or a no?

[00:14:11]>> Um, no. I don't I don't want to do none of that.

[00:14:14]>> Okay.

[00:14:15]>> Uh so I I I choose I choose uh the soul the soul ship.

[00:14:23]>> Okay. So you're not wanting the court to set up any visitation for you and you're not wanting to be involved in Madison's life at all, it sounds like. Is that correct?

[00:14:34]>> Yes.

[00:14:36]>> And do you think that's in her best interest?

[00:14:40]>> No. one day she just want to say hey.

[00:14:43]>> And you're currently employed at $20 per hour, working 40 hours per week. Is that right?

[00:14:48]>> Yes.

[00:14:50]>> And do you have any other um biological children?

[00:14:53]>> No.

[00:14:54]>> All right. Um and you have Madison covered on health insurance um through private coverage.

[00:15:04]Is that right?

[00:15:06]>> Yes.

[00:15:07]>> And do you know how much that costs you per month?

[00:15:13]It's a little like to uh it's like uh 4 500 a month. Um it's under my father's insurance. Um I have the policy. I don't know the exact amount but it takes her a terrible lot.

[00:15:32]>> So um the policy the your father is the primary policy holders. It was it was act Oh, I'm sorry. Uh it was effective 2022 and it's it's done till the 46 20 46.

[00:15:48]Now the custody battle gets serious. The discussion shifts into overnight visits, drinking concerns, sleeping arrangements, and supervised visitation.

[00:15:57]Every answer raises more questions, and you can feel both sides digging in as the tension keeps building.

[00:16:03]>> Okay. And are you in agreement for the order to state that you'll continue to insure her through the outside source?

[00:16:10]>> Yes, which is boot cost ship.

[00:16:13]>> Okay. And we calculated child support at 593 each month. Do you agree or disagree with that amount?

[00:16:20]>> No, I I've been giving giving um Madison to uh every other every two weeks uh $250 and that's pretty much what I've been giving. And um >> when you give that money, do you give it to Madison or do you give it to Miss Brown?

[00:16:34]>> I give it to her mother. And over the past four year over the past year and a half, I have given $5 on cash $5,000 on cash app.

[00:16:45]>> Okay, we'll come we'll come to that in just a second. So for the current child support, um the state calculated 593 per month, what amount are you wanting it to be set at?

[00:16:56]um uh 500. Um that's that's uh what I've been uh given and I can show that.

[00:17:08]>> Okay. And so in the last four years, how much in total do you think that you've sent to Miss Brown for financial support?

[00:17:14]>> He said four three to four.

[00:17:16]>> Last four years.

[00:17:18]>> Four years. Uh I believe uh 15,000.

[00:17:22]>> And how did you send her this money? Was it through an app or did you give her cash?

[00:17:27]>> Uh, Cash App, Western Union, Walmart to Walmart and um Yeah.

[00:17:34]>> Okay. And um after for retroactive child support, if we give you $15,000 of credit, the balance remaining would be $13,464.

[00:17:47]Is that what you're requesting the court enter today for back child support?

[00:17:52]>> No. And wait, uh, what are you asking me again? Are you saying that am I, um, >> do you think you owe any back child support?

[00:18:02]>> No.

[00:18:03]>> Okay.

[00:18:04]Um, I'll pass the witness.

[00:18:18]All right. Uh, based on the I'm making my ruling here. Um, based on what I've heard today, there's been no findings.

[00:18:26]I'm not making a finding there's been any fan violence. I don't have enough evidence or testimony to prove that. Um, I guess Mr. Macago's agreed to non Well, I I don't understand why we even talk about non-disclosure.

[00:18:40]Uh, so I'm not granting a non-disclosure request if there's no family violence issues. You both are told that you're both ordered and obligated to let the other person know where you live. Even if you live with a boyfriend or girlfriend or you have your own residence, y'all both should know where you your child is living uh or visiting.

[00:19:00]Um I'm going to go ahead and do so manage conservator. So, Miss Brown have primary custody. Uh but Mr. McGo, you'll still have some rights and duties as parents as a possessor conservator. You can read through that in the court order.

[00:19:13]>> Yes, sir. Um, please don't comment.

[00:19:17]Um, what y'all need to both do is y'all have have to act as an adults here as parents and you have to understand that your child needs both of you. Um, needs a mother and a father. Um, I don't know if you understand that. Maybe you're just frustrated today or what the problem is, but it's in the child's best interest to have a mother and a father.

[00:19:38]And uh I hear Miss Brown saying she wants father to visit and father's not visiting as regularly as you should. I don't hear the opposite. Um so if there's games, I mean that's an easy way to do some visitation to go to a game.

[00:19:53]Uh that doesn't take much to do that. Um but there needs to be some regular visitation. You can't leave it on the child to a 9-year-old to tell you when you should act like an adult and visit her.

[00:20:08]That's not the way it works. You're supposed to be the adult and visit her.

[00:20:12]So, uh I understand, like I said, you maybe you're frustrated today. Maybe you don't like each other. Uh but that has nothing to do with your nine-year-old.

[00:20:20]Your nine-year-old doesn't care about whether mother and father get along. The 9-year-old cares about whether they have both parents involved. Um so, I don't understand what your what your true intentions are, Mr. Chicago. But as far as the court orders today, I've got to make orders today.

[00:20:39]I'm ordering and giving you right to visit every other weekend on the first, third, and fifth weekends of the month from Friday at 6:00 until Sunday at 6.

[00:20:48]Um, it's up to you to exercise those. If you choose not to, I'm not going to.

[00:20:52]>> This is where the hearing completely unravels. The father struggles through confusing answers, contradicts himself multiple times, and even admits he doesn't really want visitation.

[00:21:02]What starts as a defense slowly turns into one of the most uncomfortable courtroom moments of the case.

[00:21:08]>> Make you exercise them, but that's your right to visit and you can choose to do that. Let's do exchanges at the paternal grandparents house since that sounds like that's a good place for us to do exchanges since y'all don't want to go to each other's residence. And Mr. McGo, if you intend to visit, you need to send Miss Brown a text 48 hours before to let her know that you're going to go. The only reason I'm putting that in is because you said you don't want to visit. So, I'm not sure which it is that you're going to do after today. Uh, I would hope that you visit regularly.

[00:21:38]That's why I'm giving you this regular visitation, but if you're not going to visit regularly, then Miss Brown needs to know what she needs to do and whether or not she needs to go to paternal grandparents house or not. So, send her notice of please don't talk while I'm talking.

[00:21:53]>> She needs to know. So give her send her a text, an email or something saying I plan to do my week my visitation this weekend. And that way she knows that she needs to take the child over. Like I said, hopefully that won't be necessary.

[00:22:04]I don't normally order that in with people that regularly visit. And I hear Miss Brown saying she wants you to regularly visit. Um it doesn't matter to me if the child sleeps on a on a floor as long as there's not roaches or anything. It doesn't matter to me the child sleeps on a couch or a blowup bed or a regular bed or has their own room.

[00:22:26]None of those are requirements for visitation. Uh just we got to make sure that the child's in a safe place. Um so I mean those are all acceptable things assuming that there's nothing on the floor or anything like that that be dangerous to the child. But um you know sleeping bags okay, sleeping at a girlfriend or boyfriend's house is okay as long as the place is safe. So, I'm not putting those restrictions on there that we have to keep the child away because they might have to sleep on a couch. People do that all the time.

[00:22:56]That's not an unusual thing. That's not a good excuse to deny visitation.

[00:23:02]Um, as far as the injunction and drug and alcohol injunction, that goes without saying. I don't really need to put in the court order. It makes common sense. You're not supposed to be drinking or doing drugs or be under the influence when you're with your child.

[00:23:17]So, uh, I'm going to put it in there, but that kind of goes without saying you cannot supervise a 9-year-old if you're drunk or high. Um, so we're going to put that in the court order. Mr. Mac is be one to order carry to carry health insurance through another source.

[00:23:33]Um, as far as child support is concerned, I don't know why we have a dispute about that. You owe child support. If anything, if you're not going to visit, I probably should explore in the future, maybe raising your child supports. If you're not going to visit regularly, says Miss Brown will have to do uh not have any break here on the weekends if you're not going to do your visitation, but we're not going to do that today, but that's something I can do. I can increase the amount. Um, so I'm trying to encourage you to visit.

[00:24:00]Uh, I think Miss Brown's not opposed to you visiting. She's maybe not happy with you sleeping at the girlfriend's house.

[00:24:05]I don't know. Um but that's not a really a good reason. So Charles for today will be 593 beginning October 1st and uh if we have to explore that in the future we will but hopefully you'll be visiting.

[00:24:20]As far as back child support is concerned I'm not granting any back child support. Let's start fresh with child support. Um and then court calls bill to Mr. McCaggle. The attorney general's office will draft an order based on my ruling today and then you'll get a copy of that by email. Um that'll be my ruling that y'all must follow even if you don't agree. You are done with court. You can press leave on the Zoom to exit out. Thank you.

[00:24:48]>> And here comes the final ruling. The judge delivers a blunt reality check about parenting responsibility and what truly matters for the child. By the end, both parents are put on notice and the courtroom leaves with a decision neither side fully expected. If you enjoyed this breakdown, make sure to like the video, subscribe to the channel, and turn on notifications for more real courtroom moments. Thanks for watching, and we'll see you in the next video.