How do I help my friend with her divorce & custody battle?

Question

First I would like to say I would prefer the kids would be raised in a co-parenting or shared parenting custody agreement, as the kids would benefit most from this in my opinion. The kids are 5 years and 16 months old

But my friend's husband has hired a high-priced attorney to divorce her and go for full custody of the children. He wants custody on the basis of her heart/seizure condition she got after being in a massive car accident. In our state her husband's affair is not of any legal consequence and he told her his new wife will do a better job raising the children than she will. She is unable to keep a job right now because of her health.

My friend got the only attorney she could afford, but not a high powered one.

What advice do you have?

Answer 1

The best thing you can do for your friend, is to be supportive. Don't let the cost of his attorney be a distraction. The fact people think that the more money an attorney costs, the better they are - is ridiculous.

As an attorney, let me explain how this whole thing works - divorce is like a business deal - when you go into negotiations, each party asks for more than they know they will get, in order to have room to negotiate. Where people divorcing go wrong, is to be intimidated by words on a piece of paper. The words have to be PROVEN to mean anything.

So she has a heart condition, people raise children while dealing with all sorts of illnesses. It is not a reason to take custody away, provided the person with the affliction shows they are under managed care.

If anything, the fact she is home is a better choice for the children, considering their age. The courts side with the parent that is more reasonable -the one that wants to promote co-parenting,and who doesn't demean the other parent.

So, in a nutshell, don't let money, or worded scare tactics intimidate you (her)...it doesn't matter how much you are paying your attorney,provided they are on your side100% and take the necessary time and steps to argue for what is right and fair.

Answer 2

I'm sorry to here about your friend going through this. I would however say that maybe if your friend has this health condition
she is not really capable of rasing a 5yr old and a baby and they would be better off with the father and his new wife. I think your friend needs to look at the best interests of the kids and really if he has the better lawyer it is hard to imagine her winning. Especially if she has this heart problem the judge would side with the father that at this time she is unable to care for these kids with this looming heart condition.

Just be supportive but tell her to think of the kids and there care.

Answer 3

initially, i'm not a criminal expert. besides the undeniable fact that, do not concern approximately your bipolar disease being thrown up in courtroom b/c it has in no way gotten interior the way of your parenting and you're taking meds for it. additionally, you won't be able to document for toddler help till the toddler is born and don't supply him a divorce till then so he would not pull any "the toddler isn't mine" crap. i don't see any clarification why you will not have finished custody of the toddler as long as you could coach which you have an income to look after your infants.he will of direction have some custody rights. i might look into getting a criminal expert professional bono or a loose criminal provider. initiate your homework in this now b/c curiously like this jerk is going to drag you interior the direction of the airborne dirt and dust. in case you have any evidence of his cheating make certain you carry close directly to it, you will prefer that throughout courtroom. good success hon.

Answer 4

Please don't listen to Jessica C. as she is uninformed. The court no longer always favors the mother. It is known that men who attempt to take custody are usually abusive & controlling UNLESS the mother is a heroin addict who beats her kids. Your friend needs to show that she is fully capable of taking care of these children regardless of her medical condition. It's going to be a very tough battle. Feel free to e-mail me.

Answer 5

i would se if you could testify for her. and say how well she is at parenting, even though she has this condition. and that she has undying love for her children and would raise them tot eh best of her abilities. but, if for some reason the judge does not see that she can , that she would atleast be able to have visitation rights/ have them over her house for everyweekend/ a weekend a month..

Answer 6

The courts ALWAYS favors the mother. If she can prove your health condition does not affect her caring for her childrent then she is set. If she can't, that means what her husband is saying is true, then she is better off letting him caring for the children.