Ex-Wife Didn't Expect Dad's Lawyer to Shut Down Her Demands

because that is our understanding, your honor. Our our allegation or our contention is that Michael was the victim to that assault judge and and that's where this case stands at this point, your honor. Your honor, and actually that's completely false because from what my client understands is that the charges are going to be filed against him and then he also filed false charges against her.

Yes, correct, your honor. And I represent Mr Bell, who again is sitting next to me in my office, judge. All right.

Good morning, gentlemen. Yes, Miss Love. Good morning.

Good morning, your honor. Patricia Palasio for Stephanie Stephanie Selenas. Your honor, we're here on a special appearance on the divorce.

All right. And I'm trying to see if uh your client is going to be logging in. She is.

She is here. I just don't in because I've been having backto-back court hearings and so I think somebody was in that room. They may want Okay.

So, she's there in your office. Okay. All right.

And what do we have here this morning? Your honor, if I may give a little bit of a little bit of procedural history on this case, judge is we filed a divorce. My client and I filed a common law divorce, an informal marriage um in this honorable court under the case that we have F0249224.

Miss Palasios did file a special appearance on this case. I believe it is our mutual understanding that we need to have a hearing on the issue of whether or not there is a valid common law before the judge can hear any issues on this case. I think uh after having both spoken to the court yesterday, we're under the impression that we are have to mediate this issue prior to having a contested hearing.

Judge, we we believe it will be a contested hearing. Uh for the court, there is an other cause number filed by Miss Miss Palasio. the Sapser judge in F0473224.

Now, that your honor is a Sapser um obviously filed by Miss Palasios, assuming, you know, I I guess with with the assumption that there is that this honorable court's not going to find a common law marriage. Um even though we believe that this honorable court will. That case is set for tomorrow, your honor.

U Miss Palasios and I have been in communication with each other. We've been in contact with each other, judge, but unfortunately we have not been able to come to an agreement on any sort of temporary custody or temporary um you know conservatorship at this time. There is a TTRO.

I think Miss Palasios and I might be on the same page, judge, because I know we have to prove a marriage before we can get into any elements of this case, your honor. So, there's probably no point in making any sort of argument today. However, I believe that tomorrow's case there may be some argument because Lee, you know, we disagree with the TTRO that was filed by Miss Palasios, your honor, and we reserved for that.

I believe that that case is going to be heard tomorrow and um this this is either going to be consolidated into each other. Um, I think Miss Palasios and I agree that this these two cases, whether they go our way or her way, are going to have to be consolidated at one point. Judge, I do have a witness, a CPS witness that I did um subpoena, and that's what we were asking for today.

The reason that we wanted to have the hearing today, your honor, was that I want that she hasn't logged in yet. I have been in communication with her. Maybe she has.

Her name is Laura Loetta. Um, there is a investigation that should be closing soon, your honor. Um, my client was the one who made the allegations with CPS.

We both parties have spoken to her. We would just ask that in both cases tomorrow's, but specifically today's because that's why we're here. That that subpoena be kept in effect for any future court date so we don't have to resubpena her.

Judge. Okay. And that's Laurel.

And if I may, because I think tomorrow might be contested as well. That's why I'm thinking, that's why I wanted to verify with the court. We haven't gone to any kind of mediation.

I know there's also a protective order pending against him that will be filed by the DA's office. Um, and it should be filed into this court. So, we don't have any issue.

I know initially I might have had a little confusion as to whether this court or it's a 275th standing, your honor. But at this point, I think it's the county court 4 after verifying with the district clerk. So, I think it'll stay everything will stay in this court, your honor.

We just needed time to to mediate on this case. I think that we can try to mediate informally and if we don't, then we can go to formal mediation. So, I'm asking the court that is correct, your honor.

I'm asking the court for I agree with the fact that I apologize. Even I'm asking the court for a reset of like 30 to 45 days for both cases, your honor. That way we can try to come to some agreement um as far as this case is concerned, your honor, and respectfully to Miss um Palasio's um love, I I we we have we haven't been notified of any sort of protective order, obviously that is going to be heavily contested on our side.

Um I think if we're able to get into the allegations, the time would be tomorrow, judge. So on behalf of my clients, we would object to a continuence on tomorrow's hearing because I think tomorrow we can actually visit the issues of uh temporary, you know, whatever temporary custodial ship we can have and it'll probably be as brief as this one, your honor, and then be ordered to mediation. But, you know, we just my my client is in disagreement with the TTRO judge and he can't continue to um to follow the TTRO, especially if we do believe it is baseless, your honor.

Your honor. And I mean, like I said, I don't really think it's baseless, but I do want the court to send us to mediation. I think that possibly it could be fruitful.

Um, so I'm asking the court to send us to mediation as for I don't know if the court can tell. I'm also under the weather for some reason. and I caught something.

I haven't been able to go to the doctor today. I'm hoping to do that this afternoon because I canceled a mediation that I had to try to see what or if the or if this court would like to off to to you know I I know they haven't you know we haven't heard any evidence your honor but if if we can brief this court um and I don't know if this honorable would like to make a decision on temporary conservatorship while we're pending mediation but of course I know that we can't do that because we're set on a divorce today and we're here in a special appearance and I did talk to Mr one about that be we can't hear any of the facts of the case until we hear the special appearance on the divorce. What do you want?

I agree with Miss What are you asking on the special appearance, Miss uh Love? Your honor, on the special appearance on the divorce is because he's saying that they they were married, your honor. Um the fact is that this these this couple was actually married prior and they divorced.

This was um way back in the prior divorce was reached. Give me one. 2007 divorce.

So it landed in the 275th, your honor. And they were divorced after they divorced. They ended up getting back together, but they were never married or never con never agreed to be married, your honor.

They didn't file any income taxes together. They didn't hold themselves as husband and wife. Nobody knows them to be married.

They don't themselves out on social media as married. Um this and your honor children, but your honor, this is not a this is not one of those cases that they hold themselves out to be married. And we disagree, your honor.

We have witnesses we have witnesses that would be readily available to this court judge that there was an agreement, a present, immediate, and permanent intent to have a marital relationship. Your honor, they did help themselves out to be married. And for the court's information, they did end up having four children together after reconciling.

Your honor, I know that's an issue for for another Patty agrees that that's also an issue for another day after we mediate this case. Judge, I would just ask that not get passed. Um, so we could make maybe not maybe this court will order us to mediation on that as well, your honor.

and and I would respect this honorable court's decision which with whichever way they rule. I would just ask because I do need Miss Loetta. Um I need her she's been served with a a um subpoena on this case and on the other case, your honor.

And of course, judge, we would like an opportunity to um you know to argue on behalf of my client because of of course, your honor, we do not agree with the TTRO as it stands. judge, your honor. Um, and I do understand that they may not agree with the TRO, but this is, like I said, it's going to be a contested hearing.

Um, and but I do think that we could possibly try to, you know, do something at mediation. Okay, look, mediation of course is going to be ordered. No doubt about that.

But how many? There's four children. That is correct, your honor.

And all children are the same union fighting with mom, your honor. All of them live with mom right now. All of them are living with mom.

And right now he has supervised visitation on the 1st, 3rd, 5th, Saturday, and Sunday from 2:00 to 4:00 at Peter Piper, which he's already started exercising. And what? That's as per the TR.

The ages the ages of the children, your honor, are anybody know 11 97 and four, your honor. There's also pending criminal case. So it's a it's a protective order pending criminal case, a CPS matters.

I mean, and then we have judge the CPS matter. My client one who made the allegations on the CPS matter from what I'm as well as far as I'm concerned, there's a c there is a criminal investigation, but that's pending against both. The last I heard, judge, was that it was either going to be a situation where neither of them were going to get arrested or both of them were going to get arrested, your honor.

And I just want to clarify that for the court because of the TTRO that was filed. Um, and that's why we wanted to wait and have this hearing, which I know is set for tomorrow, your honor, because that is our understanding, your honor. Our our allegation or our contention is that Michael was the victim to that assault judge and and that's where this case stands at this point, your honor.

Your honor, and actually that's completely false because from what my client understands is that the charges are going to be filed against him and then he also filed false charges against her and she only went with the bruising, your honor. And we disagree with and we disagree with that as well, your honor. All right.

So, currently there's supervised visitation, right? Yes. Which we which we which we disagree with, your honor, at Peter Piper somewhere.

Yes, it's a Peter Piper pizza on Saturday and Sunday from 2 to 4 on the 1,st, 3rd, and 5th. Okay. And I believe um Miss I understand your honor that Miss Loetta cannot testify because there is an open case pending or or maybe she'll refuse to testify, but there's no allegations of family violence against the children.

Even though we disagree with Miss Love's allegations, and I'm sure she disagrees with our allegations from our pleadings, the fact of the matter is there's no allegations against the children, judge. So we're in complete disagreement with supervised visits. Judge is very well aware that there was a prior allegation against him with one of the kids when they were 6 years old um where he had beat him with a belt.

Your honor, that is not true, judge. And there's a CPS case where So Mr Tone, you're seeking what? You want full visitation?

What are you looking at? Well, we are we are seeking primary conservatorship, your honor, in this case as of this Your honor, this is a highly case. We're asking the court to just if if they could just court's inclined if the court's inclined to to give my client anything at this point.

I know it is a contested case, judge. But he wants to continue to see his children if maybe if this court's inclined to give him 50/50 or to give him extended standard at this point, your honor. I mean, just something um as we're able to contest this case, your honor.

Just we just cannot accept supervised visitations at this time, judge. Okay. Yeah.

And it's it's because of the best interest of the children, your honor, and because of this man's prior history, we're asking the court to continue this supervised visitation. Um there's there's no because of the prior allegations against the children, the beating happened in front of the children. We believe there's big concerns and obviously so does the DA's office because they're, you know, taking on the case as well.

And we disagree, your honor. My client was the victim. um that we don't have any officers here to testify.

I know the CPS investigator can testify that my client that that the that the kid said that they did not see what occurred, your honor, and that they did see mom hit dad with an extension cord and they did not see dad hit mom. Your honor also told Mr I'm not supposed to hear the evidence right now. I'm not asking for evidence.

I'm just looking for the details here so I know where we're at. What's the status? What's going on?

Um, so they supervised right now. What's the time period right now? What supervisor at at Chuck-E-Cheese on the first, third, and fifth Saturday, and Sunday?

What I did tell Mr Orte, I was like, we can for right now until we get reset. I don't I don't mind asking to have the court do the supervised visitation on every Saturday and Sunday from 2 to 4. Judge, we don't we don't think there there's no there's no basis for supervised visitation.

Your honor, once this honorable court's heard, I think the evidence is going to show that my client has a legitimate case for membership. Judge, if this court is not inclined to do that, we would ask for extended standard visitation. Judge, we're here in a special appearance, your honor, regardless.

So, I mean, I don't know why he's arguing the facts of the case, but I'm sure I'm sureously that we can hear tomorrow's case right now if if this honorable court would like to would like to call it as well since we've already kind of gotten into it. Um, your honor, we're asking try to settle both cases. [clears throat] We just we just don't advise visitation as in any way shape uh in the best interest of the children or my this is a perfect case for perfect case for mediation.

I'm sorry you're the court. You'll have a mediator. Um I could agree probably with Thompson Aia signs whoever the court if the court has somebody in mind it doesn't matter to me.

Okay. So I prefer you guys agree but if not I'll need to appoint somebody. Um I've had success with J.

R. God. Your honor.

I think he's an aggressive mediator. I don't know if Miss Love is mediated with him. That is a suggestion that I have for this board.

Robert's name, Miss Lucy. What? Lucy.

Lucy regal as well. Um, your honor, we can use Lucy regal. I have no no objection to that, your honor.

Okay. It'll be Lucy regal and uh and M. You say you're going to go to the doctor?

Yes, your honor. I'm actually going to go this afternoon. I had a mediation today.

I know if I have like strap or something or I know I took a test this morning. I was interested to hear some kind of evidence, but we're not going to do that. So, that's not going to happen.

Um, yeah, let's use Lucy Legal. Uh, for right now, up until we come back again, I don't know when it's going to be a week or two, whatever. Uh, I want to order mediation and take up the other issues that we're supposed to the what is it the uh ple through the jurisdiction.

You said it's a special appearance. Special appearance. I'm sorry.

Special appearance, divorce. So, I would I would say um if we could have at least 30 days, your honor, that we can get a mediation and hopefully get something on. Um but like I said, we're willing mediation stake.

Okay. Hopefully mediation will be in a week or two. But anyway, I have March what 28th.

Is that going to be for which for everything? For everything. Yes, sir.

All day for that. Your honor, can I do next day or the day before? Because March 28th is my son's birthday.

Just any just either be the day before or the day after. Okay. I'll make myself available on on any day.

You're just asking that it's I'm looking for a whole day here. Mhm. [clears throat] It'll be a whole day and unless it gets mediated.

How about April 5th? 10 a. m.

Yes. April 5th is perfect, your honor. 10 a.

m. That'll work, Judge. April 5th, 10 a.

m. for all issues. And and judge, we would just ask that this court make some sort of, you know, ruling on temporary conservatorship.

April is a long time. And I know we can get some work done between now and then. Patty and I, Judge, I just want to reiterate to this court, your honor.

Can we do something in about 10 days or something just on the issue? No, you're on mute, your honor. You're on mute, your honor.

Okay. Can you hear Can you hear me now? Yes, your honor.

All right. Um All right. You said they're supervised right now.

They're supervised. Who is it supervised by? By the mom or a relative?

What is it? It's like she's It's just someone designated by her. I think like one relative one.

It's different people, your honor. And I do want to tell this court that my client has to spend hundreds of dollars to do these super I mean these are four young boys at M at Peter Piper Pizza with food and tokens and everything. Judge, I mean I don't see a reason a reason for supervised visits, your honor.

A park, you know, so he doesn't have to buy food. Yeah, but uh but you know uh you have Saturdays and Sundays and not a problem. But does they have to be supervised?

I disagree, your honor. I I I think we can even do extended standard visitation until we're able to come to an agreement. So, this is this is why this is a little bit of a concern because we actually do have a recording where the dad told the child to lie because he was afraid that he was going to go to jail and so he he's already beenating children, your honor.

You know, that's why it's a little bit difficult. So, we're just that on the on the actually the sapser orders, which is the order to a recording, your honor, where he tells his son to tell the truth. Miss, can I just finish real quick [snorts] on the Sapser order, which is F-0473224, which we had the order to extend the TTRO, we're asking for the court to order whatever they're going to order as far as visitation on that order.

So, it doesn't harm the special appearance on the divorce. Um, and there's also an unknown 4922-4. And there's also an unknown man your honor that the attention PS your who at the house of the respondent in this case judge um who stay in the night your honor and we definitely have a problem with that your honor he drives a white Toyota Tundra day he's there all night um he has a garage key judge essentially this guy has moved in your honor and we do have an issue with that as well your honor that's completely false the other day they were trying to say that the kids didn't even live at the house So now it's the kids live at the house and now somebody else lives.

Like this is just this is just one false allegation after another for It's just too much here, man. I'm going to have to get a separate judge for this case. Uh all right.

He's muted. And I know CPS is currently investigating that. Judge uh you're muted, your honor.

uh recordings and and you're throwing it at me and here I'm supposed to decide right off the bat what kind of visitation we're going to have. Unbelievable. Um I think you already have something which is the the Saturday and Sunday uh at a pizza place and then uh mediate see what you can come up with.

You don't agree then April the 5th I can hear everything. I don't know what else to say. Your honor, I'll send into the order to extend the TTRO to April 5th for the court signature.

All right. Thank you, your honor. So, your honor, for the record, this this uh I mean th this is going to stay at Peter Piper Pizza Judge for for two hours on Saturday and Sunday.

You have another place. Uh your honor, we would propose unsupervised visits, your honor. Um, I mean, if this I know this honorable courts, you know, I mean, he has made it this would propose, you know, unsupervised visits or my, you know, or a park or the opportunity to for my client to have the election.

I mean, if this court's not willing to rule on that, judge. I mean, it's it's probably I apologize. Are both are both parties employed?

Are they working? Yes. My client is an EMS, your honor.

All right. Is there any child support going back and forth? Yeah.

Your my client works at the Edinburg Women's Hospital at Renaissance. No, your honor. And at this time, she's it's not even about child support.

She's not even asking for child support right now. Right now, she's just more concerned about the safety of the children. She doesn't want to get in to get hurt on those things.

The kids would not be hurt in the presence of my client, your honor. It'll be Saturday. What is the time on the 1st, 3rd, and 5th?

Your honor, we're asking that it stay at the extended standard on the 1st, 3rd, and fifth, Saturday, and Sunday from 2 to 4 if he wants more time, but he's complaining about the time. He's not paying child support, but he's complaining about paying for tokens. I mean, he's still paying for half the house.

He's still paying for the bills that another man is living in that home right now, your honor. I mean, I give my client credit for doing that. Those allegations are false, your honor, but we're not here on the facts of the case right now.

We're here on the special appearance. And so we're just asking the court to continue the ruling on the TTRO until April 5th of 2022. All right.

You got Saturday from 2 to 4, right? At the pizza place. He says, "We can put every Saturday and Sunday from 2 to 4, but he doesn't want to spend tokens at Peter Piper.

" Okay. So they How is it? How is a six-year-old kid supposed to not want to play with the games that Peter Piper judge?

I mean, you know, if I was six, I Well, your How's that a visitation, your honor? How's that a visitation? The weather is constantly changing, your honor.

So, we were trying to do something indoors where they don't get sick. We have another cold front coming in, you know. Um, if they want, we can do Saturday and Sunday at a park, but it might be cold that day.

It might be rainy. So, we were just trying to figure out something indoor. It'll be supervised for right now, but I mean, I guess he's he can pick the cho uh choice where where he wants to go.

Uh does it have to be the pizza place? Could we extend it, your honor, from from you know, I I know the sport's made a lot made its decision, but can we do like one to five, you know, uh you know, maybe an extra hour in there or something, judge? I mean we we yeah you know it's 2 to 4 right now that can be extended to five your honor and then he'll let us know with like 24 hours in advance.

One to five we can do one to five 1 to 5. It doesn't have to be at the pizza place be his choice. His choice.

Thank you. Well, as long as it's in place, we're not we're not to the park in the rain, museum. Movie theater.

Movie theater. There's several things. Please place one through five.

Okay. Thank you, your honor. Thank you, your honor.

Thank you, your honor. All right. Hope you mediated, guys.

Thank you. I'll be in touch. I'll be gonna say 1st, 3rd, and 5th Saturday, and Sunday from 1 to 5 at and he'll let us know 24 hours.

Right. And if he doesn't want to exercise it, just let him know. Let let the other party know.

Okay. And your honor, if we can, judge, just if we can just order that that that the subpoenas remain in effect, your honor, on both yesterday's case and today's L. Is it Loa?

So Laurel, she needs to unmute. You need to unmute video. Loretta, is that you?

Letta, I can I can let her know, judge, if um the court will continue the subpoena. Thank [snorts] you, Judge. There she is.

She has to unmute. Miss Letta, you need to unmute. I did and it keeps on taking me back out.

Okay. Hello. Can you hear me?

Okay. Yes, I can hear you now. Thank you for waiting.

Thank you for waiting and your patience, ma'am. Uh you you under subpoena for uh by this court to appear today and then but we're going to extend it to April 5th, 10 a. m.

Okay. Thank you, ma'am. Take care.

This is on both cases. Today and tomorrow's case, right, your honor? Yes.

Today and tomorrow. Somebody has to show up tomorrow, right? Tomorrow there will be no shows tomorrow.

Oh, tomorrow. Do I have to log in? No, no.

April 5th, 10 a. m. Okay, ma'am.

Okay. Thank you. Thank you.

Mhm. But it'll be good. That's it for that case.

All right. Uh you are excused. Thank you, folks.

Have a great day. Okay. Thank you.

All right. Who do we have next?