or um he's not been physically stable um nor uh mentally stable uh since I've known him. Um I'm not even sure uh if if he is, you know, living on his own. I don't know anything about his living situation.
As far as I've known him, he's always lived with someone else. Um which I'm not comfortable with that. He's kind of a manipulative manipulative kind of person.
and he's made comments about um taking my daughter to San Antonio um basically without my permission. Okay. And so okay, you understand the father's asking to be named joint managing conservator.
Okay. And you're not in agreement with that? No.
And can you state why you're not in agreement to be named joint managing conservators with Mr Hernandez? Um, number one, uh, because I've been, um, managing my my child since she was born, uh, with no no input from him. Um, like I said, we don't communicate well at all.
Um, we don't work together well. Um, there's a lot of conflict between us. And so, uh, I just believe for the best interest of her, um, and to get things done, I would like to just remain the the sole conservator.
Um, and there is there's no difference between um, custody and like, you know, visitation. It doesn't regard visitation. That's usually what he's concerned most about um, is the visitation.
So, and is it true that Mr Hernandez lives in San Antonio to my knowledge. Uh, yes. And that's over 100 miles, correct?
Yes. Okay. Um, you understand that the father's requesting to have the state standard possession for over a 100 miles, which is one weekend a month.
Okay. If you can answer yes or no so we can be clear. Um, yes.
Okay. Um, and you are not in agreement with him to have the state standard possession. Is that correct?
No. You're asking for the father to have supervised visitation? Yes.
And you're asking for him to have supervised visitation Saturdays 2 to 6 and Sundays 2 to 6 once a month. Is that correct? Uh, no.
Saturdays was the 12 to 8 was fine and then Sundays 2 to 6. You're asking for sat one Saturday a month from 12 to 8 and then the following Sunday from 2 to 6. Yes.
Um has there been you stated there's been no acts of family violence against you. Correct. No.
And has there been acts of family violence against your child? No. Can you state why um you want Mr Hernandez to have supervised visits?
Um so I just feel more comfortable with another party being um present during visitation at all times due to safety precautions for my daughter. Um, as I said before, um, he's not been physically stable, um, nor, uh, mentally stable, uh, since I've known him. Um, I'm not even sure, uh, if if he is, you know, living on his own.
I don't know anything about his living situation. As far as I've known him, he's always lived with someone else. Um, which I'm not comfortable with that.
And, um, also, um, there's just been, you know, uh, conflict. And I the things that I know about him, he's he's kind of um he's kind of a manipulative manipulative kind of person. And he's made comments about um taking my daughter to San Antonio, um basically without my permission.
And so um just those type of things I don't I don't like to joke about or play about when it comes to my child. And so I I just feel more comfortable if somebody else is present to make sure that you know she returns to me after the visitation. And the supervised visits would be by your mother if possible.
I'm not sure if she's be will she'd be willing to do that um because they've had conflict uh issues in the past. So I'm not sure. I would have to speak to her about that.
Who are you wanting to do the visitation if you So the only other person that I could um utilize would be um um like a like I said a paid uh supervised personnel. Okay. Um you're wanting a non-disclosure of your address.
Is that correct? That's correct. and you're wanting an exchange location at the Kroger at 1060 North Main Street, Ulis, Texas 76039.
Yes. And um you are okay with the father having your phone number, correct? That's fine.
Okay. Pass the witness, your honor. recording footage.
Mr Hernandez, can you please state your full name? Delino Sebastian Hernandez. Sir, earlier I read some terms as an agreement.
Um, were those terms still your agreement today? Yes. Do you believe they're in the best interest of your child?
You nodded. Can you please say yes or no? Oh, I said yes.
Sorry. I don't know if you can. Okay, no problem.
Are you asking the court to accept those earlier terms? Yes. Okay.
Now, let's talk about the parts that we didn't agree to. Even though you live a 100 miles in San Antonio, you're asking to be named joint managing conservators with the mother. Yes.
Um, do you believe that you can make decisions um amicably with the mother in your child's best interest? Like being able to cooperate and make decisions with her? Yes, I would like to.
I don't have an issue with that at all. Okay. Are you able to communicate with her now?
No, she has had me blocked since last February. Okay. Um, you heard that the mother's wanting a non-disclosure of her address?
I heard. And you're not in agreement with that? No, I would I would like to send my daughter gifts.
Okay. So, you're asking to be made aware of um the address where your child resides. Is that correct?
Yeah. Yeah. I don't want to be alienated anymore.
I would like to send at least some gifts and things to my daughter. Okay. Um, are you in agreement for the supervised visits one Saturday from 12 to 8:00 p.
m. ? No.
You're not? No. Okay.
So, you're asking for the state standard possession. Is that correct? Yes.
The one weekend of because Yes. I have been at my same address for the last few years. You can go look up my employment history of my previous employer.
Still there. Still the address I used. Okay.
Um sir, are you in agreement? I'm sorry. Go ahead.
No, I I would just I I wasn't aware of any of her accusations ever to be honest. and her husband tried to threaten me in public at a McDonald's. Uh he's always made threats.
I have a threat, a voice threat that she's aware of on my phone, a voice clip. I could turn that in if I have to separately for another case. But uh we got along just fine until she met her new person and her new husband.
And ever since her new husband has came into the picture, he has been the issue. Okay. and he is the one I had blocked.
Okay. Are you in agreement for the exchange location? Um that's located at is that the Kroger on 1060 North Main Street, Ulis, Texas 7639?
No. No. You're wanting to pick up the child at the mother's address.
Is that correct? As I used to. Yeah.
you know, and you're wanting to drop off the child after visitation at the mother's address. Is that correct? Correct.
If we got to take lie detector tests, that's like I used to pick her up and drop her off. I used to hang out there at her apartment with her with my daughter. Okay.
All right. I passed the witness, your honor. Okay.
Just one quick question, Mr Hernandez. Uh before February, you had a relationship with your child and you visited. Yeah.
I would send gifts through Cash App. I would send money and she would still make me wait. I didn't ask about gifts.
No. Yeah. Yeah.
No, I had contact. I had contact with her. Text, phone calls.
You visited personally though as well. Yeah. I would spent the night in her apartment there with her family letting me so I can hang out with my daughter.
Okay. All right. Uh the parts y'all agreed to at the beginning, those are all fine.
Those will be part of the court order. Uh being that y'all don't live near each other, I'll grant mother's request for the soul manage consort. Uh it'd be pretty hard to work together to make decisions if y'all don't live in the same city.
San Antonio is pretty far away for that. So that's the main reason why I'm doing so managing. Um y'all reported there's been no family violence and so I'm not granting your non-dis non-disclosure request, Miss May.
you both of y'all are required and obligated by the court order to notify the other party where you live. Anytime that either one of you move, you need to notify the other party where you move too. Uh that's part of uh court orders here.
There's no reason for us to do anything different. Um y'all have to figure out a way to work together. Um y'all made this child together and so y'all are going to there's only three people involved, not other people.
I understand that when the child is with you that you will have to keep make sure your child is safe from other people. Um, and that's that's an assumption that both y'all should have when the child is in the other parents care. Um, there's no reason for supervised visitation.
Um, I know visitation will be difficult as it is with Mr Hernandez living in San Antonio, so it's already going to be pretty hard. It's in the child's best interest, even if it isn't in your parents' best interest, for the child to visit with father as much as possible. You may not like it, but the child will.
So, it's kind of more of a child's right to visit with both of you. Um, and they do want to visit with both of you, even if you have a different opinion. So, there's no reason for supervised visits.
We're going to do standard visitation. Um, exchanges at mother's address. Again, y'all reported no fan violence issues.
There's no reason for Mr Hernandez to come into your residence. He's going to pick up at the doorstep and he can go to San Antonio if he likes, if he has enough time. Um, that's not illegal.
There's nothing wrong with that. He lives in San Antonio. He's going to go wherever he lives.
That's not something that's uh unusual. That's some that's where that's what happens. Uh, obviously, if he only has a weekend, that may not be practical.
Uh, maybe Mr Hernandez will wind up staying in Dallas for the weekends when we do the weekends. Um, but that's up to him. That's his choice.
If he wants to pick up the child and and uh on Friday night and take the child away to San Antonio and then drive back by Sunday night, uh that's up to him. He has that choice. He's the father of this child.
Um so exchanges at mother's address, not at this exchange location. There's no need for that. There's been no fan violence.
Um, if y'all agree to something different on the visitation, I definitely recommend that. But that takes two people re agreeing to it, not just one person telling the other person what they're going to do. You're going to have to follow my court orders even if you don't agree with them because that's what's been court ordered.
All right, so very important here. There hasn't been a lot of visitation recently for really no reason at all. Uh, so I want to make sure we're clear.
It's the summer. Uh there are two plans for visitation. Um one if you live within 100 miles you get every other weekend and you get 30 days in the summer.
If you live over 100 miles away, Mr Hernandez gets to pick a a weekend uh once per month uh to do visitation. Um he needs to let you know, Miss May, when that will be. Uh hopefully as soon as possible, maybe at the latest by Thursday of that weekend, so that you can make plans.
but uh that he will have one weekend a month. Since it's the summer, uh it's going to be extended visitation to 42 days because since we're losing some visits because of the distance, uh Mr Hernandez has 42 days of visitation in the summer instead of the 30 days. So, since uh the orders will read that he has to give you notice by April 1st of what 42 days he wants.
Obviously, we're in June, so that's not going to happen for this year. in the future if he wants to specify different dates then he can but the default order reads it if he never gives you notice he gets visitation from June 15th through July 27th um so just make sure you all understand that he will have the child from June 15th to July 27th this year like in a few days uh during that month of course the child begins July 1st so even though you have possession in July you still got to pay child support in July so your child will 12 months of the year, not just 11 months of the year. Um, so I just want to make sure you understand that as well.
Mr Hernandez said you still have to pay child support even though uh you have the child that month. All right. Uh hopefully y'all can figure things out here for the future.
You need to make sure that other people are not influencing you or trying to make you do something different. Remember again, there's only three of you involved in this case. Two of you chose to have this child.
Only you two are the ones that make decisions, not other people, not new spouses or new boyfriends or girlfriends. They don't matter. Their opinion does not matter.
Uh you have to decide and y'all two decided. Y'all were the only two that people that are present and you're the only two people that should be making those decisions. U if y'all don't cannot reach an agreement on issues, read your court order.
It'll probably answer the questions on those and you must follow that even if you don't agree with my decision. All right. The attorney general's office will put that in writing and email you a copy.
