marcutiomarcutio Posted July 8, 2013 Posted July 8, 2013 Currently in a custody battle with the ex. Her response to my statement was OBVIOUSLY not her words, however it states at the beginning that it is her writing it and it is all true. Was wondering if we disprove that somehow... if we can prove it wasnt her writing the response as it clearly was not, that it can be rendered invalid in court? The response was way too structured and organized. there are words that im SURE she has no idea the meaning of. Its cheap and dirty what she is doing because i decided to ask for 50/50 and she wants full custody and child support. She's a responsible mother but she was unhappy with the breakup after i got fed up with the ridicule... It has been 3 months since i last seen my son and its going to at least be another 3 before anything gets done. i dont want him to succumb to this mess that she's created. i just got back from the courthouse so forgive me for being inarticulate. my head is pounding.
almond Posted July 10, 2013 Posted July 10, 2013 I doubt it, but the best person to get legal advice from is obviously your lawyer - that's what he's there for.\ Good luck.
turnera Posted July 10, 2013 Posted July 10, 2013 Spend the money on the meanest lawyer you can get. And do whatever he says. 1
turnera Posted July 10, 2013 Posted July 10, 2013 And keep a journal - backdate it with all previous stuff - about anything she's done that could hurt her in the custody hearing. Assuming she's done anything wrong. If she hasn't, then you should be aiming for 50/50. 1
amaysngrace Posted July 10, 2013 Posted July 10, 2013 What do you mean "you got fed up with the ridicule"? Anyway if you lived with the child you should be able to get 50/50 and in the meantime get a temporary order for visitation and support if you won't get to see your child for months. You have to try harder to fight for him than you are concerned with her answer to your complaint. Are you currently paying any support? Are you going to wait six months for that too? 2
123Sassygirl Posted August 6, 2013 Posted August 6, 2013 And what does it matter if she did or didn't write it? She probably had a lawyer write it. I was also going to suggest this. If she has a lawyer then this is the case.
Radu Posted August 15, 2013 Posted August 15, 2013 It's probably written by a lawyer OP. What do you mean "you got fed up with the ridicule"? Anyway if you lived with the child you should be able to get 50/50 and in the meantime get a temporary order for visitation and support if you won't get to see your child for months. You have to try harder to fight for him than you are concerned with her answer to your complaint. Are you currently paying any support? Are you going to wait six months for that too? This ... listen to this. And i'll add what my own mum said to me 'Men are idiots !', she's a lawyer and has represented men in divorces. So here's a little bit of info that can applied to your case, despite the fact that we live in different countries : - you most likely will not gain primary custody, unless she's a druggie, major criminal and she defies the court in major ways at least 3 times - you have to take this seriously, and get the best lawyer you can get - keep the journal, ideally online, just mail your thoughts to another email address you own ... it's better this way because you can keep a written record [thanks TMaiden ... awesome ideea] - talk to lawyer about everything that shows your good character, this will be a battle of characters and hers is assumed to be beyond reproach because she baked the kid for 9 months - though she will gain primary custody, you can still win long term by being in your son's life and making him your focus in life, showing that you care about him - it's quite likely that she will use the child as a pawn to take revenge on you; don't let yourself goaded into anything The journal thing is important, consult with your lawyer, you have to show that she is constantly trying to undermine your role as a father. You have to appear to do the right thing. Rule of thumb is that everything you do bad will be blown out of proportion, everything she does bad will be minimized [by the system]. 1
Ursa Posted August 15, 2013 Posted August 15, 2013 It has been my experience (having been through or sat ringside in child custody cases in multiple states in the US) that 50/50 custody is now simply the automatic default in many states, barring serious and provable parenting defects-- and 50/50 is so common nowadays as to be achievable in many more states even if there is a slight bias against it. Your ex has obviously hired a lawyer to see to her interests, you do the same. Go see a lawyer to find out what the custody laws are in your state, and have them file immediately for a temporary visitation order...you don't have to just sit back and let months go by without seeing your child. 2
SugarLips72 Posted August 16, 2013 Posted August 16, 2013 I would definitely ask for joint legal IMO sole custody should not be given anymore. It causes too many parents to fight over stupid stuff like child support. I hope you have familiarized yourself with child support guidelines in your state. I am in AZ and they just passed a joint parenting plan law this year. Sole custody should NEVER be given except for the case of a totally absent or abusive father and the mom can easily prove it. Hopefully you have a good attorney. Parents should be forced to go to mediation first too. Some judges will require it. Document everything. Try to keep the emotional element out of it. 50/50 custody though of baby is a little tricky but it can be done. How ls child care going to work and who will pay for what? You can ask to split the tax deduction, every other year. whatever you do make sure visitation is VERY specific and make sure important days like Fathers Day, birthdays, are not left out. Good luck
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