Judge REACTS After Lawyer EXPOSES CPS Mistake in Open Court!

Added: 2026-05-08

[00:00:00]State is looking for a final order finalizing that temporary order that was done in October. Um so first uh state is asking the court to keep that finding that Mr. Foley is the father of the child Atlas. Um state asked the court to resolve the custody and geographic restriction disputes.

[00:00:20]Right now, uh, Miss Brown is joint conservator primary, uh, of Atlas, um, with, uh, the right to maintain the child's primary residence in Bell or any contiguous county until final hearing.

[00:00:34]Um, say the court to resolve the visitation.

[00:00:39]Uh, right now, there's a standard possession order, uh, with Mr. for fully having um uh some electronic communication at 6:00 p.m. Central time every Sunday uh that he does not already have possession of the child for up to 30 minutes. Um and order if I check um the drop offs and pickups exchanges are going to are are at uh Miss Brown's residence.

[00:01:08]Um uh so they understand the court did no non-disclosure in the temporal order. So the state asked the court to continue that unless something has happened since um hopefully not. Um a state the court ordered app closed your honor and so I asked the court to keep that in there if you wish. State doesn't have any interest in that. Um as for the money uh state understands that Mr. Foley has applied for um Champ VA uh for health and dental insurance uh for Atlas. Uh the state received uh from Mr. Foley a uh some pages detailing that he had he has applied. Um it could take some time up to two weeks I think. Um and it cost him $0 for each health and dental. So regardless of who gets custody here, um, uh, I would like that to continue in this final order. Um, as for current child support, the temporary ordered $1,144.32 each month beginning November 1st, 2025.

[00:02:23]And your honor, >> 1,00 what?

[00:02:26]>> 1,140.

[00:02:28]This is no longer a temporary arrangement. This hearing will lock in the child's future. The state pushes to finalize the October order, keeping a father legally recognized and maintaining current custody with the mother. On paper, it sounds routine, but underneath both parents are quietly fighting for the same thing, control, primary custody, decision-making power.

[00:02:52]And in family court, those decisions don't just shape schedules, they shape childhoods. The judge now has to determine whether stability outweighs history or whether past caregiving should rewrite the press. The current child support calculated based off of them would only be about $40 more, $41 more. So, the state asked the court to continue that temporary child support as the final child support. Um and the state is ready to offer uh those documents into evidence when when that time comes. Um and state understands Miss Brown is fine with that that child support amount too. Um uh say ask the court to resolve resolve court costs and your honor if you do make Mr. fully uh sodial parent in order to support against Miss Brown. Um say understands Miss Brown uh works at a place called the Capital Pain Institute uh where she works 28 hours a week uh for $21.50 an hour. Based off that, your honor state calculates current child support for to be $456 per month. Um, and that would probably be good to start that February 1st if you do order her to pay support. Um, I will ask your honor, um, why she isn't working 40, but I do believe she is working, um, uh, what she said about 28 hours a week. Um, but I will ask about the 40 and I've already calculated it based off of 42 40 as well. Um, and the state understands that neither Miss Brown nor the state are asking for any retroactive child support or or any of the other retroactives. Um, so none of those um I don't both parents walk in asking for the same outcome, primary custody, but only one currently has a child. That matters more than most people realize.

[00:05:04]Courts prioritize stability and right now the child has been with the mother for over a year. The father argues he was a primary caregiver before that. But in custody battles, timing is everything. What happened 2 years ago carries less weight than what's happening today. And unless he can prove a serious issue, change in custody could disrupt more than it fixes.

[00:05:27]>> All right. Thank you, Mr. Brown. I know you're uh again, is there anything else specifically you're asking for other than that you be named the conservative with the right to side down the south?

[00:05:37]>> No, sir. I'm not just for my son to remain with me.

[00:05:40]>> All right. And you're okay with everything else the states requested?

[00:05:43][music] >> Yes, sir.

[00:05:44]>> All right. And that same with you, Mr. Fully. Correct.

[00:05:47]>> I'm sorry, sir.

[00:05:48]>> I'm sorry.

[00:05:49]>> Okay. The information state gave, that's what y'all both are requesting, correct?

[00:05:57]>> All right, then. I'm going go ahead and let the state call you both as individual witnesses and we'll get started. Thank you.

[00:06:02]>> Thank you, your honor. Uh state calls Lenanisha Brown. What is your full name?

[00:06:07]>> Uh Lenanisha Bernese Marie Brown.

[00:06:10]>> And what is the full name of the child in this case?

[00:06:14]>> Atlas McKenley Foley.

[00:06:16]>> When was Atlas born?

[00:06:18]>> September 17th, 2020.

[00:06:20]>> So, how old is he?

[00:06:22]>> He's five.

[00:06:25]>> All right. Um, so to begin with, uh, where do you work?

[00:06:31]>> I work at Capital Pain Institute.

[00:06:34]>> And how many hours a week do you work there?

[00:06:37]>> I make, uh, like [music] 28. I work 8 to 5, sometimes 8 to 4. On Fridays, I work 8 to 12. Every Friday, I work 8 to 12.

[00:06:47]So, it's not exactly [music] uh 40 hours a week, but I also get paid mileage because I was hired on X Float.

[00:06:55]So, wherever they need me around like Austin, um I will go and work there.

[00:07:03]>> The mother doesn't overplay her hand.

[00:07:05]She keeps it simple. The child lives with her. Communication with the father is ongoing and there are no major incidents to report. Her only concern, the father's environment. But here's the problem. Courts don't act on vague concerns. Without evidence of harm, danger, or instability, argument carries very little legal weight. Still, she holds the strongest card in custody court, possession. And unless she loses credibility, that alone may be enough to keep things exactly where they are.

[00:07:36]>> Checks roughly are about like 15 16.

[00:07:41]And uh how much does she make per hour?

[00:07:43]>> 2150.

[00:07:46]>> All right. And do you um are you are you >> So who currently has Atlas right now?

[00:07:55]>> He stays with me.

[00:07:58]>> And um so how long have you had Atlas now?

[00:08:10]I would say a year and a half now. Um, since he since I got him back from his dad.

[00:08:19]>> All right. So, a year and a half >> kind of. He's been on and off between us because in 2023 and before 2023, I was me and uh Mr. Foley were on and off relationship wise. Um, I would go back and forth to Houston. Um, so 2023 is when I finally left and I've been in Colleen since then. Um, Atlas will go back and forth with Mr. Foley because I was in school. Um, >> all right. Right. Just before we get too much into story here, um, >> okay. Uh so a year and a half ago y'all well y'all were um exchanging the child essentially.

[00:09:07]>> Yes, [music] correct.

[00:09:08]>> Um so when did you two no longer live in the same household together?

[00:09:16]>> Uh about 20 uh I would say January of 2023.

[00:09:27]Are you asking for any um any retroactive uh child support today?

[00:09:33]>> No.

[00:09:34]>> Uh is anyone forcing or coercing you or making a verbal promise in exchange for you not asking this?

[00:09:42]>> No, sir.

[00:09:45]>> And so, um >> you have access to an automobile? Yes.

[00:09:54]>> And uh what what what city do you live in?

[00:09:58]>> I live in Colleen, Texas.

[00:10:01]>> And are you fine with the court continuing the >> the father takes a different approach.

[00:10:05]He leans heavily on the past, claiming he raised a child for most of his early life. Witnesses back him up, describing him as a primary caregiver. But here's the risk. Courts don't just care about who is present. They care about who is present now. And when a judge starts asking about mis visitation, everything shifts because no matter how strong your history is, failing to show up when it counts can unravel your entire case in seconds. So >> I I guess first of all, when do you mean by family? What in particular members are we talking about?

[00:10:40]>> Uh mom, cousins.

[00:10:44]Um yeah, his mom, cousins, just the family.

[00:10:50]I mean, have have there been any like um like physical abuse, verbal threats between you and them?

[00:10:56]>> No, not at all. Not with his family.

[00:11:02]>> And where does he live? What what city does he live in?

[00:11:06]>> Uh I think he in Houston, Texas.

[00:11:13]>> And are you okay with the health and dental insurance being through his CHP VA?

[00:11:18]Yes.

[00:11:30]>> When's the last time he is visited with the child, physically visited? uh October of last year, Atlas had a a football game down there and uh he spent the night with him for one night because we were down there for one night and then he had school on Monday. So since then he hasn't seen him.

[00:11:51]>> So how did that visit go?

[00:11:53]>> Uh it went really good. Um we communicated and no [music] problems.

[00:12:00]>> All right. And uh so as you as I've said earlier, dad has some electronic communication uh set aside. Has when's the last time he's exercised that?

[00:12:11]>> Uh I make sure Atlas talked to him if every day. Um Atlas for him to be five, he's very vocal. If he does not want to speak or talk to someone or his dad, I do let him know.

[00:12:25]>> This is a turning point. The judge directly questions why the father didn't exercise court order visitation.

[00:12:31]Holidays included his explanation, car issues, license plates, scheduling conflicts, but in family court, excuses rarely outweigh obligations. Visitation isn't optional. It's a legal right and a parental responsibility. When a parent doesn't use that time, the court starts asking a bigger question. If you didn't show up when you had the chance, why should the court believe you'll show up now?

[00:12:56]>> Sworn in. How many of those are yours?

[00:12:59]>> Uh, just one. I My mom is actually in the waiting room right now. Um, but just one. Tiara Brown. That's my sister.

[00:13:10]>> Your honor. Um, did you want to enter her in or >> Yeah, I'm going to go ahead and finish with the witness before I let the next person in. Thank you.

[00:13:18]>> Yes, your honor. Um, how many children besides Atlas do you have?

[00:13:25]>> Uh, one on the way.

[00:13:28]>> And just to make sure, is that child Mr. Foley's?

[00:13:31]>> No, sir.

[00:13:34]>> And when's the due date for this other child?

[00:13:36]>> May 4th.

[00:13:49]pass a witness.

[00:13:53]>> All right, then. Uh, Mr. Foley, are you there, sir?

[00:14:01]>> Yes, sir.

[00:14:02]>> All right, Mr. Foley, you're technically your own legal rep. So, at this time, do you have any specific questions for Miss Brown? And you need to run those through me. I don't let I know you're not a lawyer, so I need to see whether or not the questions are relevant and are proper for the uh this hearing. So, at this time, do you have any questions of Miss Brown?

[00:14:20]>> No, sir.

[00:14:22]>> All right. Thank you very much. Uh, I'm going to go ahead and let the state call your next witness, but I'm let me go ahead and let the uh let me let the person in on the Samsung device in. So, let let your mother ma'am.

[00:14:35]>> Yes, sir.

[00:14:42]>> All right. I just let someone in uh who's on Samsung device. Could you uh uh turn on your video and unmute yourself and identify yourself? I understand Miss Brown thinks saying that you are her mother. So, if you're having trouble finding this, >> the father brings in witnesses to reinforce his narrative, but cracks begin to show. One admits she hasn't seen a child in 2 years. Another relies on general impressions rather than recent facts. And that's a problem.

[00:15:15]Courts value firsthand current observations, not distant memories. Add in the fact that most witnesses are family, and the credibility becomes even more fragile. What was meant to strengthen his case may actually weaken it, turning supportive testimony into something the judge views with caution.

[00:15:33]>> Name is Lwanda Myoshi Yumiki Fellows.

[00:15:39]Okay, let's go ahead and give your first and last names then we're not gonna type all that one out. [laughter] >> Lwanda Fellows.

[00:15:45]>> All right, then. Mr. Welsh, could you go ahead and change your name? Miss Fellow, >> please raise your right hand, ma'am.

[00:15:50]>> Ma'am, you saw me swear affirm any testimony you going to give here today is the truth, the whole truth and dep truth. So, I help you.

[00:15:56]>> Yes, sir.

[00:15:57]>> All right, Miss Fellows, I the court has invoked what's called the rule. The rule is that witnesses are not allowed to sit in the main room while everybody else is giving testimony. Uh either witnesses or main parties. Uh that's to make sure the information that was received by the court is true and correct and uh uh not something that they might have picked up or think they might need to say based on the testimony that you that they hear while they're in the courtroom. It's the standard procedure in any and all cases for the for this type of thing. Like I say, the witnesses are just not allowed to be at the same time. So at this time, I'm going to put you in a breakout room.

[00:16:29]I'm going to put you in breakout room number nine. We know you're in there. We can see you in there and hopefully we'll get you out to testify as soon as possible. And once you're through testifying, you can hang you can stay in the courtroom if you wish or you can leave the Zoom area alto together. But for right now, ma'am, like I said, I want to go ahead and put you in room number uh uh nine.

[00:16:48]Your honor, before you before you move her, um if she could spell out her name because I I I don't it probably wouldn't be good for me to try to do it myself.

[00:16:57]>> Okay.

[00:16:59]L A W A N D A F E L L O W S >> W S All. All right. So, it's All right.

[00:17:11]Lwanda.

[00:17:13]>> Fellows. Yes. F as in Frank.

[00:17:16]>> Fellows. All right.

[00:17:23]>> All right. Miss Fellows, you should get that invite. You can move over. Thank you.

[00:17:38]At the heart of this case is one legal principle, stability. Judges are extremely reluctant to uproot a child without a compelling reason. The child is in school, living with a mother, and maintaining a routine. There's no evidence of harm, no emergency, no breakdown. So the question becomes simple. Why change anything? The father may believe he offers a better environment, but belief isn't enough. In family court, you don't win by proving you're good. You win by proving the current situation isn't.