In family court custody disputes, judges prioritize the child's best interest and stability over parental rights, as demonstrated when a father successfully obtained sole managing conservatorship after proving the mother's inconsistent parenting and substance abuse issues, while the mother was granted limited supervised visitation with strict conditions including drug testing and advance notice requirements.
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Mom Shows Up to Court Allegedly High… Then Demands Full Custody!Added:
I do not agree to grandmother being the supervisor. Right. Her grandmother's got a rap sheet longer than mine. Okay. And I got a rap sheet, sir. Okay. Um >> I get they get the general gist. If anybody's drunk or high, including the grandmother or Miss Briggs or Miss Chapman, visitation doesn't happen.
Do you both swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth?
Happy God?
>> Yes, sir.
Mr. Manuel, you're parked, correct, >> sir.
>> You're parked.
>> I I'm sorry, I can't hear you.
>> Is your vehicle parked?
>> Yes, sir. Just >> All right, that's fine. I'm just I just need to answer the question. All right, go ahead and proceed.
>> Your honor, we're on a motion for a change of status. The child is currently living with the father, Mr. Manuel. Um, and the mother is in agreement with that. We have an agreement on most of the terms except for visitation and support. So, I'll read the agreements out into the record first.
Um, the parties, like I stated, agree that the child is living with the father and has been since August of 2019. The parents are in agreement to be appointed or to remain as joint managing conservators. But with Mr. Manuel designating the child's primary residence without any geographic restriction, he currently lives in the Houston area.
um they are not in agreement on a specific time frame for visitation, but they do agree um to an injunction to where neither party will consume drugs or alcohol 12 hours before possession or during possession. Um and I do believe they're also in agreement that Miss Chapman will um produce a clean drug test before any visitation period and that Mr. Manwell will pay for that drug test.
>> No, Michael Michael's not paying for it.
>> He's not in agreement to pay for the drug test then.
>> No. Um, so I will come back to that issue. Um, neither parent has access to private health insurance at a reasonable cost right now. Um, Mr. Manuel will try to apply for Medicaid or chips for the child.
Uh, mom has agreed to pay medical support of $113 per month beginning March 1st, 2024.
Miss Chapman is also releasing all unassigned child support and medical support. So after release, um, Mr. Mr. Manuel has child support rears of $71543 as of February 27th, 2024 and he'll pay that off at $10 per month beginning March 1st, 2024.
Um, after release of the unassigned medical support, his judgment is $86842 as of February 27th, 2024, and he'll pay that off at $10 per month beginning March 1st. Um, both parents agreed there's been no family violence in the last two years and neither is requesting a non-disclosure.
>> Um, I will start by calling the father, Mr. Manuel. Will you please um state your name?
>> Will you unmute your device?
>> Okay. I'm sorry. Michael Emanuel.
>> Okay. And sir, what's the child's name?
>> Manuel.
>> Okay. And did you hear those agreements that I just read out into the record?
>> Yes, ma'am.
>> Okay. And I know I agreed I announced the agreed um term for the drug testing, but other than that, are you in agreement with everything else I read out?
>> No, ma'am. After sitting here and thinking about it for the last 30 minutes, the the custody thing, uh I'm requesting it be sle custody. And I know she's going to argue with it, but I just it needs to be sole custody.
>> Okay. So besides that and besides the drug testing, everything else you're still in agreement with?
>> Yes, ma'am.
>> Okay. And so um you're requesting to be a soul managing conservator then?
>> Yes, ma'am.
>> And can you explain um why you believe that's in the best interest of the child?
>> Well, because everything that when CPS gave the child to me and they requested her to do uh you know, all the stuff they request, you know, because of the situation that this drug testing. She just bailed in the last four years.
>> Mr. Manuel, your um Yes, ma'am.
>> kind of cut up there. So, can you repeat what you were saying?
>> Yes. uh since C g me August 19 and CP has ordered her to do all things parent and all that she she did she just bailed on she doesn't any of that and um you know and she's he's only s three times last four years so I mean I just I like pretty much like she's abandoning type situation you know and drugs has been first and I get it cuz I've been there but at this time I'm I'm requesting sole conservatorship of him.
>> Okay. And um is there still a current CPS case open?
>> No, there is not. They closed it. They couldn't keep it open because we couldn't get a hold of her. She just like went off the map, you know.
>> And um >> what was the reason?
>> What was CPS's reasoning for removing her from the possession of the mother?
because multiple people reported that she was high on drugs in different situations.
>> Okay. And you've had him since August of 2019. And um since then, have you been the main one making decisions for him?
>> Absolutely. She hasn't made a single decision.
>> And has she reached out to you to try to be involved or No, >> on a few occasions, but on most occasions, I've reached out to her because the kid wants her in his life.
You know what I'm saying? He wants to know his mom's okay. And like as as of right now, she can't even like I'm letting them talk every weekend on the telephone for a few, you know, on Sun Saturday mornings and on multiple times she's not answered her phone. She can't even be consistent with, you know, answering a phone call for him. And, you know, she just there's no consistency because she's still doing the same old thing. And I'm not mad at her for that.
I want her to do the best. Nobody's on her team more than I am, but I'm on my son's team more and and he needs consistency before she starts trying to enter his life again.
>> Okay. And so as for visitation, are you wanting her business to be supervised?
>> Absolutely.
>> Request to be a supervisor.
>> Well, I would I would let either me or her sister do it, but but um but I'm requesting that the judge put some kind something in there.
She used to take some parenting classes and and or pass multiple drug tests, not at least 12 hours before she shows up.
>> And would you be willing to pay for those drug tests or do you >> No, I would not. She can pay for them herself. I pay for everything else.
>> And you live in >> I do.
>> And that's outside of Houston, right?
>> Yes, ma'am.
>> And um do you know where mom currently lives? She doesn't have a current address. She moves around motel to motel.
>> Okay. Is she mostly in the DFW area? Do you know?
>> Yes, ma'am.
>> Okay.
>> As far as I know. I don't know for sure.
I know. I I never know her location.
>> Okay. And we've calculated child support based on minimum wage, which um for a mom comes out to $209 per month beginning March 1st, 2024. Um are you requesting any child support for Miss Chapman?
>> All right, guys. Let's break this down because this hearing instantly exposed a custody battle built on years of instability. The father calmly explains that CPS placed a child with him back in 2019 and claims the mother disappear for long stretches while he handled every major responsibility alone. What makes his testimony hit harder is that he is not trying to erase the mother from the child's life. He openly says a child wants his mom around, but consistency matters more than promises. The court quickly realizes this is not a temporary disagreement anymore. This is a parent trying to prove he became the stable foundation while the other parent kept drifting in and out.
>> No.
>> Do you believe that's in your child's best interest?
>> Yeah.
>> And just to confirm, you're okay with your address and your phone number being printed in the court order?
>> Yes, ma'am. Just so long as she can't show up there. Yes, ma'am. She I don't want her showing up in my house and starting up no mess.
>> Okay. If the court orders a visitation schedule, it's typically on Miss Chapman to come to your residence to do pickup and drop offs. Um, is there a neutral location you would suggest instead?
>> I mean, if the court orders u visitation, then yeah. And then she would she can just come to my house or we I can meet her anywhere she wants to meet as long as it's in my area. I'm not driving to Dallas.
>> Okay. Okay. Will you be okay with her coming over to your residence for that purpose?
>> Is that correct, Mr. Manuel?
>> Yes, ma'am.
>> Okay. Um, I will pass the witness.
Um, the state calls the mother Miss Chapman. Miss Chapman, will you please state your name?
>> Kelly Chapman.
>> Okay. And so, Miss Chapman, I read out some things in the beginning. Um, those terms I read out, are you in agreement with them?
>> Yes. No, I am.
>> Okay. And I originally read out that you and Mr. Emanuel agreed to joint managing conservatorship, but you just heard him state that he wants sole managing conservatorship. Are you still requesting joint?
>> I think that joint is fair. I mean, I I give him, you know, he's been making decisions for him this long, you know, and I'm I'm perfectly okay with his judgment on things.
I just think that it's just fair that, you know, it's remains equal or joint.
You know, although regardless of how it ends up in court today, it'll still be him making all the decisions. He's not included in me whatsoever. Even I he his information is true. I have not been present most of the time because of the way um I've not been allowed to call because of my inconsistencies. You know, I haven't been able to, you know, his just I haven't been allowed to call or to be in contact. So, um I haven't contacted him because whenever I talk to my son, it's he's being coached on what to say. It was for so long I felt like that. You know, he's calling another woman.
>> Oh. Um you put yourself on mute by accident.
>> Give us the new mother.
>> Okay. So, Miss Chapman, you're wanting joint managing conservatorship, which is what was ordered originally um in 2017, correct?
>> Yes, ma'am. And you're wanting the ability to be able to be involved in life, >> please.
>> Okay. Um, and let's see. Um, you're releasing all of the unassigned arars that are owed to you. Is anyone forcing you or threatening you to release that money?
>> No, I only did that on my own.
>> And you understand that once it's released, you can't come back to court and get the money back?
>> Correct.
>> Okay.
Um, and you are unemployed currently. Is that correct?
>> Correct.
>> And you have any other children?
>> I don't.
>> Okay. So, I've calculated minimum wage child support at $29 per month. Um, are you in agreement or disagreement to pay the child support?
>> Agreement.
>> Okay.
Do you have any safety concerns with your address or your visit, your um phone number being printed in the court order?
>> No, ma'am.
>> Okay. And so let's talk about visitation. You're wanting your visits to be unsupervised. Is that correct?
>> I mean, if my mom I mean, somebody I'm not I'm not going to go pick my kid up under the influence of any kind of drugs. I don't use drugs on a daily basis. I mean, I have I use recreationally. I have in the past. And I drink. I I'm just no maybe a little more than the average person that drinks or does whatever, you know, on their weekends, but that's fine. I don't need unsupervised visitation. I mean, I just want to be able to see my kid, you know, once a month. I mean, if I were to come to town, you know, I do live in the DFW area, so it's a little drive to go back home, but whenever I would come, I would like to be able to see him with my mom.
I mean, I won't be alone. I mean, my mom, my aunt, um, not necessarily my sister, you know, but I mean, somebody if not I mean, if myself, then maybe my my family that's, you know, trust.
>> So, you you'd be okay with either your mom or your your aunt being a supervisor.
>> For sure.
>> Okay.
But I mean definitely like an overnight I think that you know there's no reason why I haven't been able to sleep or tuck my kid in or give him a bath, you know, in four years, you know. I mean and I I've been to plenty of parenting classes. I've been to rehab. I've been to, you know, I have completed things in since he's been born, you know, that I mean I could probably teach a parenting class, truth be told, you know. So that I mean I could probably teach a parenting class, truth be told, you know. So just consider that in the decisions if you could. And you want, so you're wanting to have overnights with him as well.
>> I mean, maybe once a month, one night a month if possible. Maybe every three months, once a night. I mean, for one night, just something to reestablish the bond. My kid, he wants me. He wants a relationship with me. And um the phone 30 minutes, 10 minutes, you know, once a once a week is not very very often.
>> Okay. And is the CPS case um still open or is it closed?
>> It's closed.
>> Okay. And what was the result of the case?
Um I I don't really know ma'am. I didn't I my kid went to my mom's house whenever I started using you know I was responsible enough and I put him with my mother before they didn't remove him. He was already removed. I've already placed him with my mother whenever I made when I did relapse you know so he was never around me using.
>> Okay. Um and did you ever go to court for CPS?
>> No.
>> Okay.
>> Um I'll pass the witness.
All right. Uh, most of the parts y'all agreed to. Those are all file with me.
Uh, just because Mr. Emanuel lives in Houston and Miss Chapman, you live in Dallas.
>> When the mother finally speaks, she does not completely deny the accusations. And that changes the entire tone of the hearing. Instead, she argues that she still deserves joint rights and insists the father shut her out of communication. But then the conversation shifts into dangerous territory when she openly admits to recreational drug and alcohol use while asking for overnight visits. That immediately destroys momentum with the judge. In family court, honesty helps, but honesty without accountability can backfire fast. The judge starts viewing this less as a co-parenting dispute and more as a safety and stability issue for the child. us. That's a good reason at least just for that reason only that we should do so managing because it's going to be pretty hard uh for y'all to work together if yall don't live in the same city. So I don't really need to go much more into that than than the other issues y'all discussed. So be so managing with Mr. Mano to make the decisions.
um medical sports 113.
Uh the judgments that were read are fine and then child sports 209 based on minimum wage on the visitation. Um I mean I have concerns if you're saying you're not sober and clean and you're still regressing using here and there.
Uh I mean that's not right. Uh that doesn't make any sense. So >> sometimes you have to make a choice of whether it's more important to use recreationally or visit your children on a regular basis. That's the way I look at it. And me to me it's easy decision for me to make and it should be an easy decision for most people to make but not everybody does. So that's something that needs to happen before we can talk about having a whole weekend of visitation. So uh let's do this for visitation. Uh it'll be one weekend per month. Um you need to uh see right here.
All right. You need to give Mr. Manual 48 hour notice like 2 days before telling him that you're going to come for your visitation. It'll be one weekend per month or one Saturday per month. Um, let me write that. I think I wrote it wrong with my notes here.
Sorry.
All right. That'll be one Saturday per month from 1:00 p.m. to 6:00 p.m. And that's supervised by maternal grandmother. Uh, so Mr. Emanuel, she'll be coming to your residence to pick up or if you want to pick tell her a place to meet near your home, you can do that too. But otherwise, she's going to come to your residence with the maternal grandmother. Probably best to start off picking up at your residence. If she's under the influence of drugs or alcohol at the time, then that'd be reasonable that I don't think anybody's going to tell you that that's that you can't deny your visitation. So, uh, if you're under the influence, you're not getting your visit. So, then the visitation will be from 1:00 p.m. to 6:00 p.m. supervised by maternal grandmother. So, maternal grandmother needs to make the trip to Houston or uh to Mr. Emanuel's residence for vis supervision. And I'm sure grandmother wants to visit as well anyway. So, that will work out pretty well. And she needs to make sure she's supervising at all times for those 5 hours. I don't want to do overnight visitation right now if you're still not clean and sober. So, messages of the child, please stop talking. Both of y'all, you need to listen. Let me finish first.
>> All right. It's not very important that you get clean uh until you've done that that I understand Mr. Emanuel's um concerns. Uh that makes sense. But that's why I've also limited to just a few hours instead of an overnight.
Hopefully you wouldn't be using in the middle of the day. Uh and hopefully you wouldn't go to a visitation drunk or high. Uh so I think just limiting it to those 5 hours should work. I'm also ordering telephone access that the child be available for telephone access every Thursday night from 7 to 7:30. I don't up to 30 minutes depending on how long.
It can be shorter if you want, but uh Miss Chapen, you're to initiate the phone call, Mr. Emanuel, you need to make sure the that you answer the phone or or if the child has her own phone that he answers and you make sure, of course, he knows that mother's going to be calling. Uh and it won't be those times. It won't be other times. Now, uh I am also ordering that mother pay for one drug test before the visitation begins. So, you need to do a drug test and then show Mr. Manual a copy of the drug test. You can probably do that when you by emailing him or texting him a copy of the drug test and then bringing it with you when you go to pick up the child. I'm not going to order multiple drug tests cuz I think we'll kind of know what the way your condition is when you show up. And I would really hope that you're not going to show up high.
So, um, if you're showing up high, then Mr. Mano's got a reason to say, "Nope, not happening." Um, so, uh, and then, uh, from there, well, hopefully things will improve. Uh, let's see. I think I already said child sports 209 a month.
Medical sports 113.
Uh, everything else that y'all agreed to, I already I'm I'm approving all that. I'm not going to go over it again.
All right, Mr. Manuel. Oh, let me start.
I know they may maybe both y'all don't agree with everything I've just said.
Uh, I understand that. Uh, but that's my ruling. Uh, but I'll answer a question if you have a question, but I'm not going to probably change my mind. So, Mr. Manner, did you have a question before I let you go for the day?
>> I did, sir. Her mother, I have her mother on like pretty much supervised visits right now, right? Because when I was in the beginning, I was letting her mother have the grandmother have supervised visits. She showed up to my house drinking and I'm I'm in recovery, been sober over 5 years and threw her liquor bottle underneath the bush on my front porch. So, grandmother gets supervised visits anytime she wants to see any weekend she wants to come see him. I actually had grandmother at my house last weekend for the first time.
Um, I do not agree to grandmother being the supervisor if she wants to use her sister, right? Her grandmother's got a rap sheet longer than mine. Okay. And I got a rap sheet, sir. Okay. Um, I get I get the general gist that the sister's not going to cooperate. So, is there somebody else besides grandmother or sister?
>> If she want to use her aunt, her mom's sister, I can't remember her name.
What's What's the aunt's name? Kelly >> Jacqueline.
>> Miss Jackie. Miss Jackie, I will be more than happy if Miss Jackie wants to agree to do it. I will be more than happy to let Miss Jackie do it.
>> Okay. All right. Uh, Miss Chapman, what is Did you have a question?
>> My mother has no record. I was just going to say that, but um what um when when would the um when to change it like to overnight if I were to get clean? Like what who would be like the discret who's would you have to come back to court?
>> This is where the hearing completely tightens up. The judge awards sole managing conservatorship to father and starts laying down strict visitation conditions. Supervised visits, limited hours, drug testing, advanced notice, and zero tolerance for intoxication all become part of the order. But then the father throws another grenade into the room by objecting to the grandmother serving as supervisor, accusing her of showing up drunk before and claiming she has a serious criminal history.
Suddenly, the court is not just evaluating one parent anymore. It is evaluating the entire environment surrounding her. The judge responds by swapping supervisors and making it crystal clear that anybody showing up impaired kills the visit instantly. You need to go to a lab cuz we're not going to believe if you go do your do it on your own. We're not going to believe that you're the one that took the exam.
Okay. So, we want an independent party to be able to look at your results. You get what I'm saying?
>> Okay.
>> Okay. So, I'mma change the supervisor to Miss Briggs. Uh >> that doesn't mean that the grandmother can't go to the visitation but again but again hold on hold on again if anybody's drunk or high including the grandmother or Miss Briggs or Miss Chapman visitation doesn't happen because the whole point of having a supervisor number one is that they're coherent and understand what's going on and they can be a supervisor and if you'd have somebody that isn't, then that's not going to help. That's going to make things worse and it can make it everything worse. So, everybody that's going to go needs to be sober and clean. Does that make sense, Miss Japan?
>> Absolutely. I have no no desire to be you use using it for my child. I have no use for my kid drunk or high.
>> Well, everybody needs to be clean.
>> Correct. I agree with that.
>> Okay. All right, then. Uh, Miss Ned, did you have any questions before I let you go?
>> Um, yes. I just wanted to confirm you said that Miss Chapman needs to give a 48hour notice to um father if she's going to exercise her visit.
>> Yes. So, Thursday, you know, I need to know by Thursday cuz Mr. Manuel needs to make plans and I know uh they heard in your testimony that you weren't too sure how often you could go. I understand like obviously the drive from Dallas to Houston is not an easy drive, let's say.
It's not like you're just going down the street. So, I would think you would plan ahead in advance. So, by like let's say Thursday night, you know, text Mr. Emanuel, call him, email him something, say, "Hey, I plan to come down." You can always do that sooner. So, if it's Monday or or whatever, you can definitely do that, but I don't want Mr. Emanuel to be waiting on Saturday at 1:00 for you to come and he knows you're not going to come and he's got other things he wants to do and maybe the the child has something else that the final minutes feel less emotional and more procedural but the consequences become massive. The judge explains exactly how future modifications would work, how the drug testing must be handled, and why custody orders become legally binding the second they are signed. Then the narration zooms out and highlights the brutal reality of family court.
Feelings, accusations, and frustration mean very little without filings, evidence, and compliance. The mother clearly feels overwhelmed by a system she no longer controls, while father leaves with full legal authority and structure protections in place. This case becomes a perfect example of how courts prioritize stability above everything else, even when emotions are running high. Make sure to like the video, subscribe to the channel, and we'll see you in the next
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