CAUSE NO.

DF-11-13065 IN THE INTEREST OF SKYLER ABIGAIL ANDERSON A CHILD IN THE DISTRICT COURT OF 302nd - U JUDICIAL DISTRICT DALLAS COUNTY, TEXAS

RESPONDENTS ORIGINAL ANSWER Adrian Danielle Anderson, Respondent, files Respondents Original Answer to Stephen Andersons and Barbara Andersons Original Petition in Suit Affecting The Parent-Child Relationship. A. General Denial
1.

Respondent enters a general denial.

B. Affirmative Defenses

2.

Lack of Standing Petitioners have no standing to file for custody of

Respondents daughter, Skyler Abigail Anderson. Skyler moved in with Petitioners 5 years ago. Approximately 2 years ago, Skylers father and co-respondent, Matthew Anderson, moved into his parents residence when Matthew and Adrian separated. Upon moving in, Matthew regained his status as the full custodial parent the Petitioners ceased to be custodial guardians of Skyler. Accordingly, Petitioners have no standing to claim custody of Skyler.
3.

Duress Petitioners Claim is based on the fact that Skyler has lived with

petitioners for the past 5 years. For the past 2 years Skylers father has resided with his daughter at his parents house. For the 3 years prior to that, Adrian was in a relationship with Matthew that was physically and emotionally abusive. During this time Adrian was never free to see her Daughter, let alone make a claim to regain custody of her daughter from Matthew. Over these 3 years Matthew had access to Skyler, but Adrian was consistently excluded from visitation with
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Skyler because of Matthews parents refusal to allow her access. During this time Matthews parents were aware of the physical and emotional abuse, but they were insistent that Adrian and Matthew stay married. Moreover, they promised on many occasions to Adrian that she would be allowed to regain custody of Skyler, but always found a reason to deny her custody. At many times they made false claims that they had documentation of their legal right to custody Skyler. It was only after Matthew and Adrians separation that Adrian learned that she had a legal right to custody. Petitioners still refuse any unsupervised visitation between Adrian and Skyler. In short, the contours of Adrians relationship with the Matthew and his parents have created an environment in which Adrian has been unable to assert her legal right to custody of her daughter Skyler. C. Counterclaim- False Imprisonment
4.

Adrian enters a counterclaim on the behalf of Skyler for False Imprisonment. The

elements for false imprisonment in Texas are as follows: 1) The defendant willfully detained the Plaintiff; 2) The detention was without the Plaintiffs consent; 3) The detention was without legal authority or justification. Wal-mart Stores v. Rodiriguez. 92 S.W.3d. 502, 506 (Tex. 2002). 1. That the petitioners have willfully detained Skyler is evidenced by their refusal to return Skyler to Adrian and further by their filing for custody.
2. That Adrian did not consent to have her daughter remain with the petitioners

is shown by Adrians repeated requests to take custody of her child and the petitioners repeated refusal to allow Adrian to have custody of Skyler.
3. That petitioners were without legal justification to retain custody of Skyler is

shown by the fact that they are not the recognized by the state of Texas as the legal guardians of Skyler. While Adrian voluntarily gave custody of Skyler to
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them for a brief period, the petitioners ceased to have legal justification for retaining Skyler when Adrian asked for her back on numerous occasions starting approximately 4 years ago. D. Counterclaim- Intentional Infliction of Emotional Distress
5.

Respondent enters a counterclaim for Intention Infliction of Emotional Distress

because the Petitioners have retained custody Skyler by force and against Adrians will for the past 4 years. The emotional toll this has taken on Adrian is immeasurable. The elements to show Intentional Infliction of Emotional Distress are as follows: 1) The Defendant acted intentionally and Recklessly; 2) The defendants conduct was extreme and outrageous; 3) Defendants act is the cause of Plaintiffs distress and 4) Plaintiff suffers severe emotional distress as a result of the Defendants conduct. 1. That the petitioners have kept Skyler separated from her mother through physical force demonstrates their intentional and reckless disregard for Adrian and her daughter Skyler.
2. The use of physical force and locking Skyler in the house when Adrian has

come to request her; installing cameras throughout the house to make sure that Adrian did not come get her daughter; and their absolute refusal to allow Adrian to see her daughter alone demonstrates the extreme nature of their conduct. 3. The Defendants have caused Adrian an inordinate amount of emotional harm through their actions.

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4. Adrian has suffered extreme stress and anxiety and sense of loss over being denied her child for the past four years. This anxiety and stress has physically manifested itself in intense outbreaks of psoriasis.
E. Request for a Jury Trial

6.

Respondent requests a jury trial and tenders the appropriate fees if necessary.
F. Alternative Dispute Resolution

7.

Respondent has signed a statement on alternative dispute resolution, which is

attached as exhibit A.
G. Conclusion

8.

Adrian has made repeated attempts to regain custody of her daughter. As the

childs legal guardian and biological mother, she has the right to have custody of her daughter. She demands immediate possession and all other relief due. H. Prayer
9.

Respondent prays for injunctive relief in the form of immediate physical custody

of her daughter, Skyler Abigail Anderson.

10.

Respondent prays for general relief. Respondent prays that Petitioner takes nothing and that Respondent be granted all

11.

relief requested in this Original Answer. 12. due. Responded Prays for any compensatory and punitive monetary damages that are

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Respectfully submitted,

Adrian Danielle Anderson 2647 Leta Mae Lane Farmers Branch, Texas 75234 (972) 639-0344 AdrianDAllisonAnderson@gmail.com

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