Since last spring we have been assisting Heather Moody in her battle in Milam County to regain custody of her children because the arguments made by her soon-to-be ex-husband and in-laws focused almost exclusively on her choice to homeschool her children. In the hearing for temporary orders, the judge called home schoolers observing the public hearing a “mob” and later removed the children from their mother, stating that the father was “more stable” in spite of the fact that he traveled in his work two to three weeks out of each month.
Following the hearing in March, this fit, godly mother has had “visitation” with her children after being their stay-at-home mom for all of their lives. Because the judge has a history of making biased rulings (not surprising since the paternal grandparents are represented by his former law firm), the only real chance Heather has to get her children back is to have a jury trial and hope her peers give her custody of the children. The trial was scheduled to begin this Wednesday.
A couple of weeks ago, Heather’s attorney said she was concerned because the opposing counsel began to make statements saying he had not received documents from the psychologist who had examined the children. They have been aware of this psychologist, and the fact that she is counseling the children and Heather, since November of 2011, and yet they waited until the week before the trial to raise this issue. The judge even asked them if they had deposed her, and they acknowledged they had not.
This was the epitome of the “pot calling the kettle black” since the father has continued to refuse to provide all that the judge has ordered. He has not provided employment probation records or 2011 tax returns and bank statements that were ordered by the judge. Nevertheless, Heather’s attorney was ready to go to trial. Opposing counsel, however, used the excuse of lacking records from the psychologist as a reason to ask for a postponement.
In spite of strong opposition from Heather’s attorney explaining that she was ready to go to trial and it was in the best interest of the children to have this matter resolved, Judge Youngblood ordered the trial rescheduled for November 26. As her attorney pointed out, this action adds to the cost of the case and appears to be a tactic by opposing counsel to cause the bankruptcy of this mother. Please continue to pray for Heather and for THSC as we seek to raise financial support to thwart this attempt to take children simply because of superior financial support and what appears to be a biased judge.