My husband is being taken back to court for joint custody by his ex wife. She signed over full custody over a year ago and agreed to one weekend a month. She says now that she has changed her mind and states that she was coerced and intimidated to sign the previous papers. During the last court hearing the judge asked his ex if she had been brided, intimidated or coerced and she told him NO, and said that nobody makes her do anything she doesn't want to do. Now she has a lawyer and they are claiming that she WAS coerced, and she wants half cusdody. Yet, like I said, she already told the judge she was not. We believe she is trying to avoid paying child support, my husband just recently asked for some. Also, my husand has been an upstanding father and she has no proof otherwise. I don't think that the judge will change things when nothing is wrong, she already gave up custody and keeps changing her story and her mind. We do have a great attorney by the way. What do you think?
2006-08-04 12:47:09 · 13 answers · asked by Sunshine 4 in Politics & Government ➔ Law & Ethics
We will have the same judge as before.
2006-08-04 12:51:19 · update #1
We DID try and work it out. She will only take joint custody. We live a few hours apart and the child will be startting school soon, so thats an impossibility. PLUS she is unstable and the child acts like a maniac with her. She calls us, (the ex) and told us she cannot control her. We DO NOT believe that caotic of a situation is in the childs best interest. We were open to additional visitation and that was not enough for her.
2006-08-04 12:56:05 · update #2
First of all when he is in court he should always speak on the childs well being dont throw blame around and dont throw her faults around example times she didnt see the child things like that, judges hate that trust me, but you do eant him to put emphasis on that fact that she told the judge that nothing or no one had influences on her decisions. A judge is always going to take in consideration of a child spending more time with the mother if the mother is not doing anything wrong also depending on the age of the child her feelings will be taken into major consideration. Also tell him to tell the judge that this was not an issue until he decided he wants child support which is every single parents right. Your husband is going to have the standing lead depending on how long he has cared for his child and his relationship with his child. Judges LOVE men that aare taking care of their responsibilities as far as raising their children because so little do. I hope this helps.
2006-08-04 12:59:06 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I believe TN is Tennessee? If so I'm not sure of the laws there but I do believe that in AZ child support and custody cannot be changed more than once in a two year period. I believe you are right about her trying to get out of paying child support though. If I were a judge I wouldn't let her change right back without proving herself. Of course I don't know the details either so it would be hard for me to judge her position, maybe she really is regreting letting her kids go?
2006-08-04 12:55:24 · answer #2 · answered by dr. ruth 2 · 0⤊ 0⤋
She's the one that is not looking too stable right now. The judge will question her motives, and was her change of mind only because it was now her turn to pay child support. The Judge is going to do what is best for the child.
2006-08-04 12:54:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think if she gave up her rights she can't change them she sign the papers and them over. That means she don't want them. And she doesn't want to pay child support because she will have to unless it in the agreement. But be ready because she is there mother and if she has nothing against her they may give her visitations part of the time or more visits. Good luck
2006-08-04 12:55:52 · answer #4 · answered by chrissy 3 · 0⤊ 0⤋
I think your husband and his x wife should sit down and try to work things out between them like 2 adults~if they are thinking of what is best for the kids then that should not be a problem~~the longer they draw this whole thing out the more everybody will suffer and the more confused the kids will get~~not to mention the attorney fees getting ridiculously high~~~try fixing or changing the visitation schedule it seems to me she just wants and maybe needs to spend more time with her children
in any case goodluck:)
2006-08-04 12:52:42 · answer #5 · answered by darkangel1111 5 · 0⤊ 0⤋
I don't know much about the child custody laws in TN (I also live in TN), but if she had previously stated that she wasn't coerced or anything, and with no proof, it doesn't sound like she has much of a case.
2006-08-04 12:53:39 · answer #6 · answered by First Lady 7 · 0⤊ 0⤋
She is the mother. And her rights were not completely taken away. So she has the right to ask for modified custody. And if she is not abusive to the kids, don't try to exclude her from their lives. It just might backfire on you. Good Luck.
2006-08-04 12:54:50 · answer #7 · answered by Teslajuliet 4 · 0⤊ 0⤋
if she already admitted under oath she wasn't coerced I don't think any judge would believe that she ever was
2006-08-04 12:51:56 · answer #8 · answered by ? 7 · 0⤊ 0⤋
she probably was coerced but put herself in that position to be coerced in the first place
2006-08-04 12:59:46 · answer #9 · answered by dale 5 · 0⤊ 0⤋
i dont think she has a chance of getting the child back or even visitation rights i cant see or visit my son because iwould go to jail
2006-08-04 12:52:12 · answer #10 · answered by Neil G 6 · 0⤊ 0⤋