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My ex is suing for custody Help I'm scared

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Trinitys3in1

Guest
I live in Rochester NY and I have 5 children my last 2 were the product of a very short termed and miserable marriage. 5 yrs ago we divorced I have had the children since that time and now he is suing saying he has had custody of the children most of the time which is untrue. He has also taped my phone conversations with him and says these are admissable in court is that true? I was very upset. I have had severe depression but my children have everything they need. He merely wants custody of one child and half and half with my baby, who is not his biological child. But he says it doesn't matter since he signed the birth certificate at the hospital. Is there anything I can do to protect myself and my children. He has listed many lies and half truths about me in his court papers and I am frightened out of my wits. Please give me some answers so that I have a true Idea of what his or my chances are, he says between my being depressed and his having the kids whenever he asked that I have shown them instability. but they have always known that home is with mommy Help Please!!!

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~Trinity~
 


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Tigres

Guest
It happens... More often than we care to admit!

5 yrs ago we divorced I have had the children since that time and now he is suing saying he has had custody of the children most of the time which is untrue.

How does he intend to prove this? You see, he can't just say it, with you sitting there saying it isn't true and producing affidavits from everyone who has ever met you stating that they lived with you.

He has also taped my phone conversations with him and says these are admissable in court is that true?

Did you say anything incriminating??? Whether or not they can be admitted (I'm assuming he didn't tell you he was taping) is entirely based on your locations at the time of the conversation. So, where were you and where was he?

I was very upset. I have had severe depression but my children have everything they need.

Of course you are. You have every right to be!

He merely wants custody of one child and half and half with my baby, who is not his biological child. But he says it doesn't matter since he signed the birth certificate at the hospital.

merely? He's right about it not mattering about the birth certificate.

Is there anything I can do to protect myself and my children. He has listed many lies and half truths about me in his court papers and I am frightened out of my wits.

He has to back up the information provided. It will be your attorney's job to question it. Or yours if you are foolish enough to try this on your own.

Please give me some answers so that I have a true Idea of what his or my chances are, he says between my being depressed and his having the kids whenever he asked that I have shown them instability. but they have always known that home is with mommy Help Please!!!

What sort of proof does he have that the children were staying with him? Let me get this straight, assuming you are telling us everything, and the kids were actually with you the majority of the time, he isn't going to have much of a shot. If the courts took children away every time someone got depressed, a very common condition, (I'm not talking about turning to drugs, alcohol or suicide type depressed) then things would be incredibly messy!

Get an attorney. You don't want to take risks with your childrens future. But, on the upside, it doesn't sound like he has grounds for the petition, let alone much hope in getting custody.

Tig

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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>
I am not a lawyer. Any information relayed is merely my own experience or research.

"PRINCESS, HAVING HAD SUFFICIENT EXPERIENCE WITH PRINCES, SEEKS FROG."

<HR></BLOCKQUOTE>
 
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Kaytin

Guest
I dont know about your state but in mine (Utah) Its very hard to take custody from a mother unless there is something seriously wrong with the mother.
My advise to you is to DOCUMENT everything. Times he has the kids, things that are said, and have everyone you know that see's or hears anything to document it.. Make sure there is a date on it also..
Good luck.
 

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