Posted on 12/19/2004 7:17:16 AM PST by Dubya
Three days after Christmas, John Wertz will comply with a court order and deliver his 9-year-old son to his ex-wife in Tarrant County. A few days later, he'll comply with the Army's orders and deploy to Iraq.
Of the two, he feels more wronged by the first.
"This is a big slap in the face," Wertz said. "I'm defending the country, and right behind my back, they're taking things from me."
Hundreds of custody cases are decided every month in Tarrant County, few of them attracting attention outside the Civil Courts Building, where lawyers and families gather each day.
On its face, Roberts v. Wertz is not unlike those cases: A father and mother are fighting over who is the better parent. In this case, however, the father is in California and will soon deploy to Iraq, and he lost custody of his son for exactly those reasons.
To the mother's attorney, that's exactly what should have happened.
"Assuming all things are equal, it's a no-brainer that the child should be with the mother rather than the stepmother," said John White Jr., the attorney for Lisa Roberts.
It's difficult to gauge how often soldiers lose custody because of a deployment. Officials at Fort Hood, one of the nation's largest Army posts, say it isn't common.
But the broader issue of switching custody when a parent moves out of state is becoming more common in Texas family courts.
"I don't think the judge picked on him because he's in the Army," said Wertz's attorney, Mike Windsor. "John fell into what is the hottest issue in family courts right now."
Wertz and Roberts' youthful marriage of four years was dissolved in 1998, three years after the birth of their son. Wertz was given primary custody and Roberts was ordered to pay monthly child support.
After 9-11, Wertz was called up by the National Guard for airport security. He enjoyed the full-time military and went on active duty after that. He spent five months at Fort Knox, Ky., and a year in South Korea.
All the time that Wertz was gone, his son lived in Mineral Wells with Wertz's new wife. The boy's mother made regular visits.
But last summer, the Army moved Wertz to Fort Irwin, Calif., where he prepared to deploy to Iraq with the 11th Armored Cavalry Regiment from January 2005 to January 2006.
"Sometimes your work takes you out of the state," Wertz said. "She knew the Army would move me at some point."
It's not quite that simple, said White, Roberts' attorney. Wertz gave her no warning that he was moving to California, White said, which is why she filed for a change in custody in August.
"She had to go through the Red Cross to locate where he moved," White said.
Roberts, a college student who lives in Tarrant County, argued that she would be prevented from regularly seeing her son in California and that the stepmother would be raising him alone while Wertz is in Iraq.
In late October, Judge Jerome Hennigan, an associate judge in the 324th District Court, ruled in favor of the mother, awarding custody to her until Wertz returns from Iraq and they go through the process again.
Hennigan's boss, state District Judge Brian Carper, said Hennigan made the right decision under tough circumstances.
"That way, he will not be punished for serving his country," Carper said. "When he comes back, things can go back to the status quo. If he were to be stationed in California when he returns, then we'll have to deal with a new set of facts."
In recent years in Texas, family court judges have been increasingly unwilling to allow children to be moved around the country by a custodial parent because it typically freezes out the other parent.
This change in attitude was prompted in part by complaints from fathers who felt they were treated unfairly, since mothers retain primary custody in most instances.
While judges cannot force a parent to stay in one location, they can specify in a court order that a child not leave a certain geographic area. Carper said it is a common practice in Tarrant County family courts.
Windsor, Wertz's attorney, said the most important issue for the judge was likely the move to California. No matter how the judge ruled, one parent would suffer, he said.
"I'm not sure I've got an answer for the problem," Windsor said.
Wertz is particularly upset because his ex-wife has not been timely with child support. Roberts, despite child-support payments of only $157 a month, is more than $6,000 behind, according to court documents.
Wertz won't have to pay child support until the $6,000 is offset by what he would have paid, the judge ordered.
"When I come back, I'm not sure if I'll be able to get custody back," Wertz said. "This strengthens her case." Chris Vaughn, (817) 390-7547 cvaughn@star-telegram.com
She loves her child, but not enough to contribute $157 a month.
Wertz is particularly upset because his ex-wife has not been timely with child support. Roberts, despite child-support payments of only $157 a month, is more than $6,000 behind, according to court documents.
Wertz won't have to pay child support until the $6,000 is offset by what he would have paid, the judge ordered. <<
38 months behind in child support, and she is a better parent?
What drivel.
DK
Wertz is particularly upset because his ex-wife has not been timely with child support. Roberts, despite child-support payments of only $157 a month, is more than $6,000 behind, according to court documents.
Wertz won't have to pay child support until the $6,000 is offset by what he would have paid, the judge ordered. <<
38 months behind in child support, and she is a better parent?
What drivel.
DK
The question is, how did he get custody in the first place? The woman usually gets the young child, unless she has misbehaved badly.
John Wertz is being devastated by an evil and utterly corrupt (and typical) court system, where justice is absent for dads. My prayers go to him and for his safety.
see post 6
Sorry for the double post. She can pay a lawyer, she can pay for college, but $157 per month is too much.
She is unfit. And her lawyer should be ashamed...what was I thinking!!!
DK
If this is true, then both parents are guilty of bad behavior.
They'll be okay. By the time he gets back, the son will be old enough and experienced enough to tell the judge what he wants.
Having been a custodial step-parent myself, I think his wife will like having a break. It is not easy raising someone else's child.
and the mother will figure out that she didn't really want her son anyway...
Agreed, how did the father get custody of the Child over the mother, and why is she ordered to pay child support payments . Odd , isn't it?
In recent years in Texas, family court judges have been increasingly unwilling to allow children to be moved around the country by a custodial parent because it typically freezes out the other parent.
To my knowledge, here in Michigan, shared custody does not allow the primary caregiver to move more than 50 miles from the other parent.
Typical of a leftist CIVILILAN judge screwing over a military man and the "Sensitive" FEMINIST controlled US ARMY rolling over and letting him(the "judge").
Wertz won't have to pay child support until the $6,000 is offset by what he would have paid, the judge ordered. <<
38 months behind in child support, and she is a better parent?
What drivel.
Hmmm...doesn't THIS mean she's a "Deadbeat Mom"?!
No...only a MAN can be a deadbeat in the eyes of LIEberals!
This guy should IMMEDIATELY sue under the "equal protection" clause...since these NAZGUL MORONS and their lickspittle toadies will NOT protect his rights!
Make it into a FED offense, as they have violated his CONSTITUTIONAL rights!
With no negative items about Roberts parenting, I agree with the judge. The mother should raise the child while the father is deployed.
Obviously if the child is in danger, it should be changed and when the father returns it should be changed to what it was.
The judge was right.
CJake Ping......
Kansas doesn't enforce child support beyond garnishing wages.
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