Monday, July 13, 2009

Custody question?

I am wondering if it is worth it to sit and sift thru years of paper work to prove that my ex husband is lying in his "parenting journal". He started his in 2006 and I mine in 2004. This has been going on forever and it looks like it is going to trial soon.

For example, he accused me of never taking our son to get a haircut but I can highlight on bank statements where I have taken him to supercuts, and yes the cuts were for my son I would never get myself a ten dollar haircut.

Another, he has made all kinds of allegations about my husbands immigration and legal status that i have proof showing he is way off base.

He went so far as to write in his custody journal that I only want him to go infront of a judge to get his money (child support) and that he wants no visitation schedule set he only wants to see our son whenever he wants to, with no regard to my feelings.

Lastly, he went out and got married a week after i served him with custody papers and failed a personality test.
Answers:
I hope you mean PATERNITY test, not personality test.

Regardless, NONE of the issues you outlined in his journal mean anything. Even if your new husband was an illegal, it's irrelevant to the issue of custody.

Take a deep breath and let it go to trial. He sounds like a fool.

EDITED BASED ON ADDITIONAL FACTS:
He STILL sounds like a fool. %26lt;grin%26gt;
It sounds like your in the right, you should get a lawyer and tell him all the things you just wrote it should help your case.
Judges are not judges because they are stupid--they will be able to read his ramblings and see who he truly is...the one thing about any kind is that it is like a snapshot (over time) as to one's mental health...this is why some courts order the journals...and you are doing a good job in the record-keeping department to prove many of his accusations wrong, so become "Alfred E. Newman" and tell yourself: What? Me worry? :)
Since journals are likely to be accepted as evidence in court (under the hearsay exception for "past recollection recorded"), if you can prove that your ex is lying in his, then his journal will not have much credibility. So the answer is yes, it is worth it to sift through years of paperwork. However, I don't believe that your fight for custody is going to be decided based on whether or not you got your son a haircut. However, all impeachment of his credibility, when viewed in the aggregate, will help your case, so long as you yourself are credible and a good parent.

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