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National Features >

Family Court Judge Sheds Light on Unfair Child Support Practices in Texas

Continued from page 6

Published on April 03, 2008

Jones replied: "Detail for me why you feel you have the right to disregard Article 8.03b of the Texas Disciplinary Rules of Professional Conduct." (The ethics rule requires lawyers to report instances of judicial misconduct.)

But the assistant countered: "I took your initial request of us to mean that you were interested in things that Judge Hanschen and Judge Cherry have done which we felt were inappropriate. This has now escalated to the point where you wish me to claim professional misconduct against a district judge. If I am to risk myself, and my reputation, I certainly want to make sure I have the grounds to do so." Although the attorney wrote that he did not agree with some of Hanschen's "methods or motives," he felt they "did not raise a substantial question as to the judge's fitness for office."

Jones declined to comment for this story, referring all questions to the attorney general's press office. Strickland, the communications director, summarized the office's position in a written statement. "Attorneys in our Dallas-area offices expressed serious concerns about certain judges' courtroom conduct and perceived bias against the Child Support Division and the child support collection process," he wrote. "Because that conduct posed a potential threat to the children who depend upon this office for child support, more information was sought about certain judges' alleged misconduct. The objective was an informal gathering of voluntary factual statements from concerned staff attorneys."

But the relentless manner in which superiors went about gathering these affidavits raises questions about how voluntary they truly are.

Strickland even acknowledges that staff attorneys have raised concerns about the statement collection process and said the division is conducting a review. As for potential complaints against the judges, he says the jury's still out. "No final decision has yet been made as to whether the underlying complaints warrant filing a complaint with the Commission on Judicial Conduct."

————

To Antonio, who is now 30, the legal and political clashes between two governmental bodies are meaningless. The important thing for him is to somehow sort out what to do about his broken family and get on with his life. He wants the lawsuits to be over, but with the recent Court of Appeals decision and the fact that settling his divorce would mean accepting legal paternity for all three children, there's no end in sight.

On a recent afternoon, he sits in his lawyer's office and talks about the three children he once thought were his. He says he misses taking them to the park and hearing them call him Dad. The girls were just toddlers when he left, and even though he wasn't much of a "girly" guy, he misses playing dolls with the older one. When he was granted rights to see them early this year, his lawyer advised him against visiting the girls if he was going to contest paternity. It might re-establish their bond and hurt his case. It was a tough decision, but his bitterness at his wife's betrayal and the financial hardship of supporting two non-biological children swayed him. He would see only his son.

In January, father and son were reunited at a Chuck E. Cheese. It was awkward at first, but after a few rounds of skeeball, the 8-year-old loosened up and seemed to have fun.

They see each other every weekend now, visiting Antonio's mother and going to the movies. The boy's 7-year-old sister, meanwhile, is heartbroken. She doesn't understand why the man she still remembers as her father visits her brother but not her. During a recent visit with his son, Antonio called his estranged wife to say he would be late dropping the boy off, and she told him the girl had been crying all day. Her mother put her on the phone. "She wanted me to buy her a toy, pick her up," Antonio says, his face somber and resigned. "I told her, 'Not right now.'"

For now, Antonio hopes that one day, the hearings and the waiting and the legal fees will come to an end. And as he strives to return to some semblance of normal life, he tries to remember the truth, and not to think about the little girl's tears or wonder how things might have been different.

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