Legal

As our readers and followers research James’ plight, we see many are confused about how the legal process works. Some of our supporters don’t know where we are in the process and what we’re doing now. Let’s fix that.

Judge Scott Beauchamp, Associate Judge of the 255th District Court, ordered an expensive custody evaluation. He specified Dr. Benjamin Albritton as the custody evaluator. Neither party to the case chose Dr. Albritton. He is required to submit a report to the Court when he is finished. This has been a very lengthy evaluation. We await its conclusion.

The Motion to Modify

Anne Georgulas (on Facebook,on Twitter) filed a Motion to Modify with the District Court on 02 July 2018. Ann Georgulas asks the Court to:

1. jail the father if he says James is a boy or presents him as a boy outside the home
2. jail the father if he refuses to attend transgender ideology education classes, or fails to obtain a satisfactory grade in the course
3. jail the father if he uses male pronouns for his son James, or if the father allows anyone else to use male pronouns for James
4. jail the father if he refuses to pay or cannot pay Ann Georgulas’ legal fees and expanses
5. severely limit the father’s time with James and Jude, if the father refuses to affirm that James is a girl
6. prevent the father from having custody when James has extra-curricular activities

Anne Georgulas’ Motion to Modify raises important constitutional and statutory questions.

The fundamental legal question at stake is this: Can a father lose parental and constitutional rights merely for affirming the biological sex of his own son?

The Motion to Modify raises other important questions:

• Can child support laws require a parent to pay for the sexual mutilation of his own child? James is on the Dutch Protocol. The next step for him is expensive chemical castration by hormone suppression of puberty.
• Can courts enact prior restraints on parental speech? Prior restraints on speech are unconstitutional. The Motion to Modify asks for prior restraints. The father is currently under a court order that prohibits him from teaching his son that he is a boy – an unconstitutional prior restraint.
• Can the courts restrict a father from religion instruction of his children? The above prior restraints prevent the father from teaching James traditional Christian teachings about sexuality and gender.
• Do transgender theories meet the statutory requirements for scientific evidence? The psychological diagnostic criteria are produced by democratic and bureaucratic process not science.

The Process is a Mini-Divorce

While the couple has been divorced for several years, a Motion to Modify initiates something akin to a mini-divorce. It has all the same legal processes and steps, except for division of community property.

1. Anne Georgulas files the Motion to Modify. It is discussed above.
2. Anne Georgulas files for Temporary Orders. This is a temporary change in child custody custody and parenting terms. The Temporary Orders last until the final order is handed down by the 255th District Court Judge, Kim Cooks.
3. The father filed a Counter-petition. He seeks Sole Conservatorship of the boys.
4. Judge Scott Beauchamp issues a Temporary Order. It removes custody of the father on days with school events. Other troubling and unconstitutional aspects of the order are discussed above.
5. Anne Georgulas files for a Restraining Order. Anne Georgulas asked the court to restrict the father from: (1) coming within 500 feet of his son’s school; (2) coming within 500 feet of any teacher, administrator, student, or parent no matter the location; (3) from talking or having any contact in any form with any teacher, administrator, student, or parent. To its credit, the court denied the Restraining Order.
6. Judge Scott Beauchamp order Dr. Albritton to conduct a custody evaluation.
7. Anne Georgulas filed a Motion to Seal Court Records. She does not want the public to see the stratospherically insane things she is asking the Court to do. A hearing is scheduled for the Motion to Seal on 28 February 2019 at 1:30 p.m. in Judge Scott Beauchamp’s court room at the George L. Allen, Sr. Courts Building – 600 Commerce Street, 4th Floor New Tower, Dallas, TX 75202.
8. After the custody evaluation, both parties will seek full discovery. This could include hearings and orders on Motions to Compel, in order to get documents and other forms of civil discovery.
9. A trial date will be set. The father has asked for a jury trial.
10. Eventually, up to a year from now, we will all attend a jury trial under Judge Kim Cooks. The jury will decide if a sole conservator should be named. If one should be named, the jury will decide who it should be. Judge Kim Cooks will still decide on the custody schedule between both parents.

Custody Evaluation is Ongoing

We are at step 7, and we await the completion of step 6. Dr. Albritton is taking an unusually long time with this evaluation. We hope this is because he is being thorough and careful.

The father must take the boys in for another in-office visit with Dr. Albritton. The boys have already been evaluated at home and at Dr. Allbritton’s office twice. Dr. Albritton wants to see them again.

It appears that the custody evaluation will not completed until after the hearing on 28 February 2019 on Anne Georgulas’ Motion to Seal Court Records. That means Dr. Albritton’s report could be made a court secret. You may not be able to see what these evaluators and courts are doing to children in Texas.

That’s where we are folks. We are facing two law firms, one of the most expensive and aggressive lawyers in Texas, and a doctor with significant finances – Anne Georgulas – who will spend anything to keep the father from his sons. Anne Georgulas’ main strategy will be to bankrupt the father, so he has to protect his son without a lawyer.

Don’t let this ruin a child’s life. Help us Save James!

Save James – Save Thousands of Children.