Tuesday, April 14, 2009

This list any good to present in court?

Is this list any good to show to a lawyer, in a child costody battle?





1. Several counts of harassing phone calls to the Defendant.


2. Also several calls to the child in question, making him cry and requiring him to talk to her in solitude.


3. On numerous occasions the Defendant received phone calls from the child, crying, wanting to come back to the Defendants residence after events at his mother’s residence.


4. Said the Defendant was not allowing the child to be an individual; which in her case meant: being a “gangster”, sagging pants, tattoos, piercings, and listening to vulgar and inappropriate music.


5. The Plaintiff has purchased and allowed the purchase of vulgar CD’s.


6. The Plaintiff has no religious practices in her home.


7. Has told the child that Hell is an imaginary place, made up to frighten people into complying with the law, which gives the child the impression that he can misbehave without consequence.


8. The Plaintiff’s husband has been known to slap the child and the other children in the house in the back of the head. This being one of the reasons the child had called his father to come and pick him up.


9. The Plaintiff’s eldest son was seeing a therapist for anger issues.


10. The Plaintiff also has left the child and his brother unattended, where they walked from their home to a GoodWill store and a BlockBuster and back unnoticed.


11. The Plaintiff also has left her children in the care of an irresponsible babysitter, who the child said hit him in the face with a shoe.


12. Member of the Plaintiff’s immediate family was arrested for being associated with drug dealers.


13. The Plaintiff has had numerous episodes where she shouted at and used profane language with the Defendant, where the Defendant neither shouted back nor used profane language, in front of the child.


14. The child’s unsatisfactory behavior started as early as the first grade, while he was in his mother’s care. Such as: getting kicked off the bus, bad homework habits, and unsatisfactory grades, failing both first and third grade.


15. Recently the Plaintiff withheld the child from a church event (vacation bible school).


16. The Plaintiff has three children from three different men and four marriages, one of which was annulled one or two weeks later. The man she is married to now is the same man who abandoned her and her eldest son. Also is guilty of several counts of adultery.


17. The Plaintiff has no visible means of financial support other than a mentally disabled man, who has no relation to her and lives in her home.


18. The Plaintiff has not paid any form of child support or financial obligation as required by the parenting plan.

This list any good to present in court?
very long list....but a good list.


the one thing I would add is, where applicable, dates and times. like items 1, 2 %26amp; 3...dates and times


and for the future - keep answering machine message tape to substantiate the dates and times - so he can%26#039;t deny.


#4- i am sure you don%26#039;t mean the child is a gangster...reword it to say the he called her that name based upon her appearances (ie saggy...)


#5 - give examples of names of cd%26#039;s and songs


#6 %26amp; #7 - add these together in one paragraph...they reference the same ideal.


#8- you need dates, times and actual events....you cannot use hearsay.


#9-get the name of the therapist so that they can get the records if needed


#10 %26amp; #11- you need specific daes and times of these events


#12- state how this will impact the child and his environment


#13 - dates %26amp; times and specifics and any wittnesses


#14- school records etc are needed for these accusations - get them!


#15- you said above that they were not religous, so they withheld you religious events? did they withhold visitation from you? expand on this point...dates, times and events


#16 - list details if you know them...it is not against man%26#039;s laws for adultry....but certainly goes to her reputation. speaking of that...can you get notarized statements from her neighbors as to her character?


#17- no visible means of support? welfare? disability? make sure you know.


#18 - Great.





Now in addition to this , it may be advisable to prepare a chart (maybe on excel) Use one column stating the above items as we have discussed and the other column would be you---what you can do to rectify the situation if the child came to live with you. Make everything as objective and positive as possible.


you main objective should be the child living with you in stable environment. (Financially, mentally, etc) and if you do get primary custody make sure you get $$child support.


since you are the %26#039;guy%26#039; - unfortunately you need to go the extra yard...mile --whatever...don%26#039;t forget to list if you have a job....it goes to credibility and stabality





Good luck...


hope this helps.
Reply:They sound good to me. Hopefully the judge won%26#039;t be a jerk and will make the right decision.
Reply:depends on tough the judge in the case is, in family law some times they will lax the law of evidence, but some times not





hence the problem with your list is much if not the majority is what called Hearsay and inadmissible in a court of law, there are exceptions to the rule so maybe some might be allowed
Reply:sounds interesting! do you have proof? you can present any list you want, but without proof it means NOTHING! hope you have a REALLY GOOD lawyer, sounds like you%26#039;re gonna need one!


also, check into the court appointed representative for the child. i think it%26#039;s called gaurdian ad lightem (something like that).. depending on the age of the child, the judge may ask to speak with the child personally.



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