JERRY SPRINGER TOPIC

[POOKY28681]

I live in North Carolina. My ex is wanting to take me to court to get custody of our 7 yr old son, that I obtained custody of 3 yrs ago. My ex is married to my sister, she tells me she wants me to have custody and would tell judge so.Can she testify against her husband in the state of North Carolina? She could be lying. She has left him on several occasions, they have fought in front of child,(hitting involved & calling of names). They have moved 4 times in 2 yrs. My ex is going on the fact our son said he did want to live with his dad because his dad was going to buy him a dirtbike & sea-doo if he went to live with his dad. Thank you,Pooky

 

[daniel123456]

his wife can testify against him for anything thus far except for a capital offense,i beleive.the supreme court had recently ruled that a divorced spouse can testify in a capital crime now.as long as it isnt a capital crime there shouldnt be a problem.but the courts will scrutinize her purposes of doing so,in otherwords,they will want to know what her motives,of intent,that would allow her morals to stand against her mate,and if they find in their opinion that she would testify for her own possible future benefits,they will more than likely question your source.a question that i have is does your ex,pay child-support?if not youll have a good rebuttel for the best intrest of the child.but you must have a legal court orderd custody,to state that you have legal custody.but if the father has not seen for the best intrest of the child,then i do not beleive that he will have a chance.its a tricky situation whether to choose to use your sister or not.though she undoubtedly will affirm to the court that their is an unstable family life in his residence.which is a positive outlook to you,but once again on the other hand,they may find under the circumstances,that she may be contemplating a divorce,which may yeild her the benefits under a divorce decree,and thus deprive his equal protection rights.one can never speculate how a judge may render their verdict,what they base it on,the laws,or case precedence.i am not an attorney,please consult with one in your area.good luck,friends.

[Edited by daniel123456 on 06-04-2001 at 09:20 PM]

 

[POOKY28681]

Reply to answer

Thank you, You should be an attorney. He does not pay child support by wages, he is on Disability, and our son receives disability off him. Matter of factly, my ex did not ever mention going to court until the child stated receiving disability, though not saying that is his whole motive. Thank you so much.

 

[POOKY28681]

Reply to answer

Thank you, You should be an attorney. He does not pay child support by wages, he is on Disability, and our son receives disability off him. Matter of factly, my ex did not ever mention going to court until the child started receiving disability, though not saying that is his whole motive. Thank you so much.

 

[Ambr]

for your ex to take you back for a modification there has to be a significant change in circumstances that would warrant a modification?

what has changed?

depending upon the judge, a 7 year old may not be able to even voice an opinion on who he wants to live with. i say it depends on the judge because he might want to talk with the child to find out who he wants to live with and why. a judge can see through a child being "bought off" by one parent. if his reasons are because dad buys me dirt bikes and other cool stuff it more than likely won't fly with the judge.

your sister married your ex and she is willing to testify for you? is she still married to your ex? this is definitely going to cause a problem with her marriage if she does it.

although a judge may question why she is doing it and if she is lying about it, i think he would also want to question how solid of a marriage that your ex has with your sister and if he wanted to subject a child to that relationship. not very many wives would go against their husband during a custody hearing.