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My STBX lied under oath but I believe I have a tape of her saying the 'BF lived there his clothes are there and etc..." can i bring this up at the custody hearing especially the recording? Temporary custody hearing...what are the main issues to address.
You want to have as much documentation of previous and current involvement as possible.
You want to address as many factors concerning custody that are in your favor in whatever ways you can provide evidence. Court is about evidence. It's not about what you think you know or what you believe to be right.
shouldn't I still bring up the boyfriend and her unfit trait just to touch on themat this hearing she will be called to the stand right. i know she is going to deny that the guy is still married i was gonna subpoena the wife
GA_DevastatedDad wrote:shouldn't I still bring up the boyfriend and her unfit trait just to touch on themat this hearing she will be called to the stand right. i know she is going to deny that the guy is still married i was gonna subpoena the wife
No. You shouldn't even bring it up on this forum again.
It doesn't matter. <- see the period? That means the end of it.
"I would rather be a superb meteor, every atom of me in magnificent glow, than a sleepy and permanent planet.” ― my neighbor Jack
You have a limited amount of time in front of the judge. Temp hearings can be anywhere from 5 minutes to a several day mini-trial. My own was probably less than 15 minutes. You're much better served talking up your own virtues than trying to tear her down.
You need to decide for yourself "What are your goals?"
You need to honestly assess "Are they realistic."
IMO,Your best bet in a best case scenario is 50/50. You need to put on as strong of a case as you can for that and a case like that does not include one single bit of negativity towards the other parent. None. Zero. There is a firm, sound logic behind that that I believe is as obvious as the blue sky over your head in Georgia right this minute.
I am concerned that they will try to use my past and began to tare me down. She is on record saying I am a good father. I am on record saying she is a good mother with mental instabilities. are you guys saying don't bring up unfit as a parent. mrs stbx did you by this gun mrs did you by this ammo mrs did you write this note one last time to be clear how is this not relavent at a custody hearing I don't want to harp on BF I am talking about character and fitness as parent issues stbx did you move a guy into the house around october 12 right after the husband found out about the affair? (btw she admitted affair yesterday in court) STBX Didnt the child already know about the Affair because you told him to callled him daddy? exhibit a recording of STBX bragging about the guy and naming off the days and nights he lives there and how he doesn't love his wife he loves STBX..yes i got that on recording) exhibit b the guys wife and the video if needed of stbx telling her "Yes I knew he was married yes We have been sleeping together a while I was wrong I am sorry' guys wife says 'stay away from my husband please" results from that meeting they continue relationship she said that on recording 3-5 days later. Son see guy around house partially nude. from there I am done with the guy issue I wanna show her unfit....I am shooting for full custody if they offer me 50/50 w me custodial. I will leap frog for it but if i say 50/50w me custodial she wont give it. just stubborn. she knows i have the tapes only now the lawyer knows to she didnt telling him at the PO hearing. he found out from me at po hearing. when i was begging the Judge for help cause she is dangerous.
If you insist on making this about her the likelihood of you failing goes up exponentially. This hearing is about the child. It's not about her faults as a wife or the position she holds on the liar scale. Unless you want the hearing to be about that. You can certainly use your time to make it about that. Then the judge will rule on the issue. The issue is what's in the childs best interest and since you talked about past wrongs instead of current parenting issues the judge is likely to rule against you.
Correct where I may be mistaken.
She has owned a separate home and lived there since Oct 2010. In September of 2011 you found out she was having an affair. You are currently under a protective order. You have had previous run ins with the law. You have a current criminal case pending.
Describe in detail what the previous years parenting schedule was. Describe how the PO in Nov/December changed that schedule. Describe the negative impact, if any, the schedule change has been on the child the previous 2-3 month.
Learn the legal definitions of the custodial terms for the jurisdiction in which you live. It's obvious you are not clear on the terms. "Full Custody" is not an option in Georgia and you absolutely will not get it. It is either Joint or Sole, legal and/or physical. Be clear on why you believe you would be in the childs best interest to have sole legal and sole physical custody of. It better be pretty compelling.
Remember the factors concerning custody in the previous thread? That is your case. You have 30 days to gather evidence that supports your case on why you win out on the most. or most important, factors on that list.
Read over them. Not a lot is directed to marital fault , character or moral choices. Don't waste your time.
BTW: You were living in separate homes. You were separated. There was no "affair".
And how will YOU show that she is unfit? Because of an affair? Because YOU said on the record that she was a good mother with mental instabilities. It seems like you should have asked for a custody evaluation or mental health records. Did you ask for either?
Your other post is 14 pages long and I don't want to read it all. List 5 reasons why she is an unfit mother and only list things that include something from the following list:
1. Private investigator report 2. E-mails, telephone recordings or recordings in person that show she is unfit. 3. Police reports 4. Mental health reports from her psychiatrist or psychologist. 5. Any reports from your local child protection services.
"Success depends on your backbone, not your wishbone"
Mommy has Borderline Personality Disorder? She's very difficult to deal with? Buy this: