no lawyer but strong case

[siten0308]

Hello, I currenty live in Riversie, California, my question is, well brief over view, sister-in-law going through a divorce, husband cheated, he files for divorce behind her back, but finally after 3 days of filing he tells her, so also files to complete it, they have 4 kids, he barely sees them, I would say in percentage, the kids are with her 80 percent of the time, and 20 with him, after pulling his arm to spend time with the kids (needs a father still in their lives). But she has strong case, during the finding out he was cheating (he told her) he went into depression and was admitted into a hospital for several weeks. which is the second time he was in their.

Her question, he has a lawyer, she cant afford one at the moment, can she represent herself? does she have a strong case, she would rather do 50/50 parent custody but in my opinion the guys an idiot and should barely get 10 or 20. How should she prepare this case if he tries to gain full custody since he is going to try (he told her). Also she has the paperwork such as income, expenses (medical, food etc for the kids) anything at all of how she should prepare her case against him?

Anything else she needs to do before or after the trial also?

Thank you in advance

[mistoffolees]

Originally Posted by siten0308

Hello, I currenty live in Riversie, California, my question is, well brief over view, sister-in-law going through a divorce, husband cheated, he files for divorce behind her back, but finally after 3 days of filing he tells her, so also files to complete it, they have 4 kids, he barely sees them, I would say in percentage, the kids are with her 80 percent of the time, and 20 with him, after pulling his arm to spend time with the kids (needs a father still in their lives). But she has strong case, during the finding out he was cheating (he told her) he went into depression and was admitted into a hospital for several weeks. which is the second time he was in their.

Her question, he has a lawyer, she cant afford one at the moment, can she represent herself? does she have a strong case, she would rather do 50/50 parent custody but in my opinion the guys an idiot and should barely get 10 or 20. How should she prepare this case if he tries to gain full custody since he is going to try (he told her). Also she has the paperwork such as income, expenses (medical, food etc for the kids) anything at all of how she should prepare her case against him?

Anything else she needs to do before or after the trial also?

Thank you in advance

Your friend ought to be the one asking the advice since you don't know the whole story. Your post indicates the danger of representing yourself. Just a couple of examples:

1. You state that the father barely sees the kids. Then you state that he has them 20% of the time - which is quite a bit more than 'barely sees the kids'. Anyone making that claim in court would be destroyed by the opposing lawyer.

2. You want her to get full custody of the kids - and then state that she has a good case simply because he has been treated or depression. Again, an opposing attorney would make mincemeat of that claim.

Tell her to get an attorney and stay out of it.

[SIN EATER]

Ca uses the exact amt of time share to calculate c/s (the ave is 20%ncp & 80% cp)

If she believes she is being a good person and encouraging Dad to exercise a lot of visitation by stating a large %, she may be making it impossible to feed their children, as child support in CA is based on that % split.

(Visitation should be based on % already being exercised, not what she hopes he will use.)

She can go to the County Library (it's a few blocks from the County building on Lemon St), and sit down and read some self-help books on divorce (or buy Nolo Press book by Sheridan or other book); regular library may have some divorce & parenting plan books.

I don't think there was a Family Law Facilitator in Riverside, but there was one in San Berdoo. She needs to read about parenting plans, child support and divorce.

In reality, she's going to goof up too much trying to do this pro per (representing herself).

She really needs a lawyer, and she needs to, extensively, read about the process as the courts will have jurisdiction til their youngest is 18 & out of high sch.