I have a custody case (filed November 2006) going on right now in which I believe has been combined with the divorce case (finalized in January 2006)-as it was brought before the same judge.
My first question is-is this possible in a legal court of law, for them to combine cases?
The reason that I ask this is because I noticed that I was listed as the Plaintiff in the case, essentially making me the person who filed the case for the removal of my very own children! Horrendous! In the divorce case, I WAS the plaintiff, but NOT the PLAINTIFF in the custody case.
Is it illegal to do this? Legalities aside, the ethics that this is based on seem to be something that would have this case seriously examined, if not as another reason to have it thrown out of court.
Thank you for any assistance you can be with this situation.
2007-08-29 20:46:28 · 2 answers · asked by xxxcariooo 3 in Family & Relationships ➔ Marriage & Divorce
No this is not legal. They are two seperate cases and neither has anything to do with the other. Now if they were overlapping into each other I could see possible charges of bigamy but that would be it unless there is another sort of criminal action against you like fraud or something but that is extremely rare. It could be used if you were divorcing the same wife twice, but if the first case is finalized thn that is sealed and done with, no matter if the same Judge or not. Unless he doesnt understand that it is a completely diferent case and is looking at it as a remodification hearing for the 1st divorce. Assuming that none of the above exists,then the 1st can not be used against or with the 2nd.
2007-08-29 21:18:38 · answer #1 · answered by Arthur W 7 · 1⤊ 0⤋
No, they don't combine both cases, The same judge can review both cases, you must be divorced, but your marital assets are not settled. It sucks because mine went on what seemed like forever. And I swear it doesn't matter about the children it's all in who you know in the court system. Check this out: My ex's husband sister is, was an attorney for the court system we live in, was representing him as a client, while in the process she had gotten 3 DUI's , was on house arrest, was hospitalized for addiction to pain killers, plus alcoholism, ( so he got another attorney), she showed up in court as a so called character wittiness. and the judge believed her testimony over my sister who is a teacher might I add. It was bull crap. See my ex and I share custody of our 8yr old daughter and I was trying to have it changed for school purposes etc. Spent 10,000 and it still stayed the same after 5yrs of this crap. I believe you can email me if you have anymore question. I'm also on Yahoo messenger
2007-08-30 04:25:12 · answer #2 · answered by runningstars 1 · 1⤊ 0⤋