<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Maceyzink:
I was wondering if in a custody case what is the grounds one needs to use to get full custody of the children such as making it look as though the other parent is unfit what grounds needs to be used to do something such as that? What do I need to do to get full custody of my children. How do I fight it when my X-husband is trying to get custody of my children and I have done nothing wrong it is just sore grapes...I live in Indiana?<HR></BLOCKQUOTE>
My response:
Did someone rename this BB to: "How to commit fraud upon the courts without really trying."
Here's how to lose BIG money and possibly lose any form of custody of your children. Fabricated allegations and testimony of course have no place in civil litigation. Nonetheless, many divorcing spouses battling custody or visitation are tempted to charge each other with various acts indicating parental unfitness in an effort to sway the court's decision in their favor. Two special statutes are directed at curbing such tactics:
1) Sanctions: Any witness, party or party's attorney who knowingly makes a false accusation during custody proceedings may be assessed "reasonable money sanctions" up to an amount covering all costs incurred by the accused party as a direct result of defending the accusation, plus reasonable attorney fees incurred in recovering the sanctions.
2) Mandatory reconsideration of custody order: A parent's motion to reconsider an existing child custody order "shall" (must) be granted if based on the fact the other parent has been convicted of a crime in connection with making a false accusation against the other parent.
So, since you're that desperate, and you want to play Russian Roulette with your money and your children, go ahead and make up an accusation or two. Then be prepared to pay the consequences.
IAAL
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