2007-11-19 07:24:06 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Pleading the fifth in a civil case like that is basically non-sequitur. If you want to convince a judge you are an okay parent, you must convince that judge you are the best option for the children. If they throw dirt on your character, you are still in a winning position if you can nurture, provide, and educate your children.
If you have documented sexual issues, drug use or felonies on your record, it will be court knowledge that you won't be able to prevent from coming into play. Just remember it's about the KIDS and not the adults.
2007-11-19 07:32:03 · answer #1 · answered by Your Uncle Dodge! 7 · 1⤊ 0⤋
It depends on the laws of your state. Generally speaking, however, a custody battle is a civil action, so the protection against self-incrimination offered by the Fifth Amendment doesn't apply since you're not facing criminal charges. Besides, pleading the Fifth when on the stand is NEVER a good thing to do because it gives the appearance that you have something to hide at the very least (or the appearance that you're a criminal at the very most). Your best bet is to give short and sweet answers. Don't lie, but don't volunteer any information either.
2007-11-19 07:29:03 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You are allowed to plead the fith only if the response would directly tie you to a crime.
The fifth amendment only allows for you to protect your own actions - not the actions of others.
If these are your children and you are likely to loose them, you might want to come clean and talk about how you are going to over come your bad behavior. If I was a judge and you plead the fifth regarding drug use or DUI, I would assume you were guilty and not give you as much access to your kids.
2007-11-19 07:28:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I'm not sure, but you haven't been charged with a crime...
you know, if i were a judge and the parent wanting custody was pleading the fifth...it would not look good. if the person before me didn't tell the truth about everything and own up to past problems, i probably wouldn't give them custody.
2007-11-19 07:27:56 · answer #4 · answered by BonesofaTeacher 7 · 0⤊ 1⤋
The Fifth Amendment does not exist to give someone a way out of answering questions. It exists to prevent the court from forcing a person to admit to something that may incriminate them.
2007-11-19 07:28:23 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Pleading the fifth is another way to say you cannot answer without incriminating yourself, so it is the same thing as saying you are guilty, you are just refusing to give the details they want you to. I know it does not make you guilty - but come on! "Refusing to respond on the grounds it may incriminate me?" Thats not pleading innocent, is it?
2007-11-19 07:29:24 · answer #6 · answered by Amy R 7 · 1⤊ 0⤋
You could, but it might not be in your best interest. I don't know what kind of custody battle you're involved with, but they can get dirty. I would read up on things ahead of time and know your rights. That is always a good practice. Good luck with whatever you're trying to accomplish.
2007-11-19 07:28:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you are not charged with a crime you cannot use the fifth amendment. It applies to incriminating yourself, not to a civil trial.
2007-11-19 07:28:06 · answer #8 · answered by Anonymous · 2⤊ 0⤋
no,it's a civil case,not criminal.And you don't "plead" the 5th.You invoke your rights under the 5th amendment against self incrimination.
2007-11-19 07:28:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No, because it is not a criminal case
..."nor shall be compelled in any criminal case to be a witness against himself..."
2007-11-19 07:28:10 · answer #10 · answered by davidmi711 7 · 2⤊ 0⤋