my ex and i have been divorced over 10 years he keeps me in court, i keep getting primary custody of our son, my son turned 14 and my ex took him to sign a parent selective order without me knowing about it untill the other day while my son was present a sheriff delivered a ex parte order along with other papers allowing my son to leave my home, my son said he just thought the paper meant getting more time with his dad more or less picking which home he wants to be at and sharing both of us, i have no problem with him seeing his father more, my son is with me everyday , court day is aug.19 and my ex wants me to pay him now , what our my rights ? my son was angry for a cop coming to my door, i reassured him me and his dad will work it out, but how can a lawyer and father do that behind my back?
2006-07-09 01:16:48 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The link below tells you what your son did (scroll down to (3) (A) )....and it IS binding, BUT....and this is where YOUR rights come in.....he was told ONE thing, and signed ANOTHER.
My suggestion? Hire a lawyer post-haste, and get a deposition from your SON about what they explained to him when he signed it. That will tell the judge and court that he was coerced into signing this without full knowledge. The judge will probably throw it out, and things should go back to where they were before. But get a lawyer that specializes in family law, preferably from a larger city near you (not sure where you live)....simply because lawyers tend to protect their own, and you need someone who's not ingrated into the system in your town. This will require a lot of phone calls....but I think your son's welfare is worth it, as I'm sure you do.
Let the judge (and your lawyer first) know that you don't mind your son having more time with his dad, but the way he handled it, was abominable, and not only underhanded, but unfair to your child, AND you.
And good luck!
PS...heidie is right, don't pay him a cent. He did something behind your back, he will have to get along without YOUR help until after the court date. ONLY when the judge orders it, will you have to pay (and lets hope you can get this thrown out because of how it was done!)
2006-07-09 01:29:48 · answer #1 · answered by CoastalCutie 5 · 0⤊ 0⤋
You are not required to pay him a dime until it is in a court order. Your son may have not been told completely what he was signing or what is for. The judge may want to speak to your son in chambers without either parent around so that he can find out the child's feelings. Additionally, the Judge can choose to make your son go with his father at the fist hearing and assign a guardian ad litem that will be for him. He will be able to talk to the guardian and they will be able to try to talk to him to get an idea of what he wants to do. The gardian will provide a report t the Judge for the next hearing when one is scheduled and the report will go to each attorney as well.
I do recommend getting an attorney though to help you get through this and explain your options more thoroughly.
2006-07-09 03:02:56 · answer #2 · answered by blevinssl 3 · 0⤊ 0⤋
At your next court date your son needs to tell the judge what happened and what he thought was going to happen. The judge WILL listen to him since he is the main one concerned. I don't understand what your ex wants you to pay, but don't pay him a dime until you see a judge. Good luck and I hope everything turns out for the best.
2006-07-09 01:20:54 · answer #3 · answered by heidielizabeth69 7 · 0⤊ 0⤋
I hate it when parents use their kids as pawns and your ex is doing exactly that. Your ex definately has some issues that he needs to work on. Have your son go to court with you. Hire a lawyer. Don't pay your ex anything until you go to court. GOOD LUCK
2006-07-09 01:30:03 · answer #4 · answered by kelsey 5 · 0⤊ 0⤋
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2016-11-01 12:09:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes i have some advice
2006-07-09 01:18:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋