He thinks I am unfit

I have had primary custody for 5 years - I recently announce my marriage and I receive notice that I am being suied for custody and have a trial no jury in Sept. Divorce was in Florida. He lives in Baltimore I live in CA and the trial is in Fla. Lost in trying to change the venue. How to I prepare for this fight?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Madeline:
[b]I have had primary custody for 5 years - I recently announce my marriage and I receive notice that I am being suied for custody and have a trial no jury in Sept. Divorce was in Florida. He lives in Baltimore I live in CA and the trial is in Fla. Lost in trying to change the venue. How to I prepare for this fight?[/b]<HR></BLOCKQUOTE>

My response:

You prepare by hiring an attorney in Florida. To go over all the nuances with you would take you and me into our next birthdays. I don't mind spending the time with you, mind you, it's just that I've got some cruising to do with "Always Searching" tonight - - she's got a great figure and a beehive hairdo that's just terrific. What a Knockout!!

IAAL



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[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Madeline:
[b]I have had primary custody for 5 years - I recently announce my marriage and I receive notice that I am being suied for custody and have a trial no jury in Sept. Divorce was in Florida. He lives in Baltimore I live in CA and the trial is in Fla. Lost in trying to change the venue. How to I prepare for this fight?[/b]<HR></BLOCKQUOTE>

What are the reasons being stated in the petition ?

I do not inform him of her education (I have copies of emails from 1998).
I do not inform him of her medical condition - she has epelepsy (I have emails notifying of each seizure since 1998)
I do not notify him on a day to day basis where we go. (He has my pager #, cell phone # can call anytime)
He says that I alienate him from her (he calls 3 times a day).
That is about all I can see. Thank goodness I saved the emails.

Hi Madeline - I'm not an attorney, but just some motherly advice: Document everything you can think of and then some, and be tough at trial. Stick to your guns and don't let him bully you. Good moms are hard to find these days and if you are one of them, you'll be able to show that. Stand proud, be confident, and show the judge what a loving mother you are. If you have anything like cards, letters, etc., that your daughter gave you over the years that depict "you're the best mom", type stuff, take that to trial too. Get statements from teachers, daycare providers, friends, etc., that can show not only your character, but what kind of a mother you are. My experience with custody is that unless the child is choosing, there must be a strong change of circumstances, or overwhelming evidence that you are unfit before a judge will change. Don't lose hope.

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frustrated step-mom

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Madeline:
[b]I do not notify him on a day to day basis where we go. (He has my pager #, cell phone # can call anytime)
He says that I alienate him from her (he calls 3 times a day).
That is about all I can see. Thank goodness I saved the emails.[/b]<HR></BLOCKQUOTE>

Documentation is everything... Also, you do not have to tell him where you go on a day to day basis.. Personally, I would also mention to the judge about him calling 3 times a day and ask the judge to order him to stop. At most, it should be once every other day.

Thank you both for your words of encouragement. It is sad to think that I have to document everything and prove that I am fit... especially when it comes down to the Judge making the final decision. As you both said the only "change" in circumstances is that I am getting married. The X just does not like that. I think that he is "concerned" about his own fatherhood now that our daugther will be around a full time step dad.

Madeline, it's his burden to prove that you are unfit, from my knowledge, not the opposite. Unless you have a drug problem, don't bring the child to school or he can prove that you are involved in some illegal activity -- I wouldn't stress yourself out. From what you've said, I think it will be obvious to the court who the problem really is. Good luck and God Bless.

Madeline, it's his burden to prove that you are unfit, from my knowledge, not the opposite. Unless you have a drug problem, don't bring the child to school or he can prove that you are involved in some illegal activity -- I wouldn't stress yourself out. From what you've said, I think it will be obvious to the court who the problem really is. Good luck and God Bless.

Single Mom...thank you. I hope that you are right. He does have the burden of proof...however...it is amazing how one can lie....what scares me more is to think that I picked this man to bare a child with... how could I have had such bad luck in whom I choose to be with?