My boyfriend is involved in a custody battle with his ex wife. He has primary custody now but she wants to take it from him. I'm going with him to the first hearing for moral and emotional support and if need be I've writen a letter to read to the judge about his character and his kids. The case against him is weak and because of money he's "defending" himself the first time around and will get a lawyer if need be. What can we expect at the first hearing? Will it be decided then or will it continue for awhile?
2007-01-26 05:14:37 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
All you do at the first date, is confirm your overall objection or need for custody, and set a date for the hearing. anybody can do it, I usually send a student or an intern
2007-01-26 05:23:21 · answer #1 · answered by Boston Bluefish 6 · 2⤊ 1⤋
Most likely the Judge will entertain the motion to have the child represented by a Guardian ad Litem which will be an attorney, normally a volunteer, who will represent the best interests of the child.
May I also suggest that you not waste time obtaining the services of a good attorney who specializes in family or child custody issues.
To say the least, many judges frown upon a parent who lives with a significant other who is not married to the parent.
Best wishes!
2007-01-26 05:29:27 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
To that answer above...she said she cannot afford a lawyer. I don't know if the reading of a letter will help. It might, but I think the judge will just assume that you're his girlfriend, so of course you're standing up for him. As long as she has no grounds to change the current set-up, then the judge probably will let him keep custody.
2007-01-26 05:25:29 · answer #3 · answered by beachbum_susie 2 · 0⤊ 0⤋
Much of this depends on the state you are in.
The first hearing may be the custody hearing itself. Depending on the grounds of the case, you could slam her or her attorney with motions : D Do motions for evidentiary hearings, motion to show cause, etc. This is known as drowning them in motions and will drive her or her lawyer up the wall[and drive her bill up as well]
Look at the orders, and ensure that cohabitation[i am presuming here]is allowed, or that can be used against you.
Google your state's Family Code, and read sections pertaining to suits affecting the parent-child relationship very carefully. If it is weak, you should be able to get it dismissed on the grounds that it fails to meet the statutory legal scheme of the law. Generally, a suit to modify custody has to present a strong argument to "disturb" the current environment of the child. Use that word as well: "Her case does not present a clear and compelling basis to warrant disturbing the childs current custody arrangement".
Also, if he is doing this himself, review the Rules of Civil Procedure for your state. If you file incorrectly, or incompletely, the courts may not be forgiving.
If she has an attorney, be careful and watch out for procedural tricks: untimely filings, etc. Lawyers will take advantage of a Pro Se's lack of knowledge and they almost enjoy seeing someone screw themselves over.
RESEARCH, RESEARCH, RESEARCH is key. There are tons of sample motions, or motions in general that people have put up on websites. You can use those[make sure the form is correct to your state]as templates, so to speak, for motions.
Good luck, you can msg me if you want more advice.
2007-01-26 05:54:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
anything can happen at these hearings, so ya never know. personally, my custody battle went on for years... it was long and nasty. more then likely some sort of evaluation will be ordered and it will progess in the future.
if you offer a letter, its considered bias; due to your relationship with one of the parties. its invalid.
also, they dont want to hear 'he said she said' crap. they want proof, not hearsay.
supportive? you can be supportive by not bad mouthing either parent and praising when he takes the child to a movie (by himself- one on one time), or bowling (by themselves), go camping (by themselves) etc. tell him he is a good father when he does these things. it encourages more good things to happen. no belittleing, bashing or bad mouthing the other parent. no laughing if your bf does these things.
the court WILL look at these things too. they show if you put the childs best interest above private, petty things and adult issues.
i will tell you out of the countless times i have been to court, time and time again i have seen new wife/gf say something and the judges ask "are you the parent?"
"no, i'm his girlfriend" they would answer.
"then stay out of it. sit down." he said.
thats exactly right....
.
2007-01-26 13:21:51 · answer #5 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
Good question but as paralegal in Family Law I can said that with out Lawyer you are going to have a hard time. The first appearance is the beginning to see if there need to any farther court trail. if you not with lawyer do research at law library or go to book store to find do it yourself on Family Law they can help.
2007-01-26 08:34:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Why not ask your attorney?
2007-01-26 05:19:46 · answer #7 · answered by osunumberonefan 5 · 0⤊ 2⤋