Hi! Long story short....I left my son with his father whom I lived with but never married until I found an apt. in another state. I was served custody papers a few days after calling my son's father and informing him of my new address. I lost the temp hearing and the final hearing (I represented myself due to no money). On Dec. 1 2004 my son's step mother hit him in the face with a full lotion bottle at point blank range. My son called and told me this on the 3rd of December and I took him out of school and filed charges on the step mother. The school did not contact CPS and the counselor testified for my son's father during the temp hearing on Dec. 22nd saying that my son has had issues with me for 2 yrs yet I never received a phone call from her nor the school at all! My son's father has stood beside this woman he says has been more of a mother to my son than I have. I lost the recent temp hearing. I don't know why. My attorney told me that I wouldn't need any witnesses although my son's father had many who lied along with him and the step mother. My attorney never put me back on the stand to defend myself. Just recently I found out that my son's father has been talking with my astranged husband who left me for another woman almost 2 yrs ago and will not file for divorce regarding witnesses he can bring in to the final hearing to sling my name in the mud! I have alot of questions and appreciate any answers I get. 1.) Can my husband testify against me in a civil case? 2.) My son is twelve now can he choose who he wants to live with? 3.) If the sheriff's dept will not file with the DA's office who will? 4.) What can I do about the counselor at my son's school? I do have joint custody of my son with the only exception being that his father has the right to domicile of my son. Sincerely HelplessinTX

I am not a lawyer but as far as I understand even if your child is 12 years old you still have to file a modification of custody order with the court. The court will ask your son his "preference" in which parent he wants to live with however they will take into consideration the best interest of the child where he has lived for the majority of his life and where his social and familial ties are. As for the school counselor if it were me I would call and ask for an appointment to speak with the counselor and ask any questions you like.