What is the name of your state (only U.S. law)? CA
I know its a long thread but thought I nedded to give background
I have an evaluation on Dec. 2008 and a court date of Jan. 2009. I am acting in pro per and have been locked in a custody battle for 2 years now. I have 50-50 joint legal and physical custody split, with a 32% parental time share. My ex has gone through 3 attorneys attempting to reduce my visitation to as little as possible.
I have "beat" every one of her attorney's as I have gained time little by little 5 out of the last 6 court dates. I am up to 32%- I agreed when we first separated that I would get my girls every other weekend until I had a place of my own, 17%custody? (I lived at my mom’s after the separation). I now have a 5 bedroom 4 bath and have been gaining time ever since.
Prior to our last court date I filed a motion for more visitation time on the grounds of parental alienation. I have a year and a half of documented emails and actions of my ex to support my case. The reason for our last court date was my ex filed only for an increase in child support. Her attorney suggested that I should pay $770 a month. Once again I was able to prove simply by pay stubs that the true child support amount should only be $320 a month $120 less than what I was happily paying at the time. $320 is what the judge ordered that day.
Would this “loss” to an average Joe in pro per, ANGER most attorneys and possibly cause them to take this case personal?
After the judge announced the new child support amount opposing counsel stood up and asked for a 3111 evaluation. I agreed immediately! Opposing counsel then stated their reason was current disagreements in parenting style. The judge asked counsel to be more specific and they stated that my oldest daughter (12) no longer wants to spend as much time with me. I was DEVISTATED to hear this. I then stated my reason for wanting a 3111 evaluation was my Ex’s attempts to alienate me from my two children (12&7). I stated this in the motion I filed prior to our child support hearing.
Since my day in court her attorney has been VERY aggressive in her language toward me. I believe lawyer 101 type stuff
I have stood my ground and fiercely defended myself as a father. Now the attorney has stated that she intends to depose me “sometime in December”. I am VERY confident that this is simply because they don’t have a case against me to try and take time away.
When being deposed, if counsel questions me about my medical history am I obligated to answer said questions? If a question is asked such as do you use drugs? Would I be obligated to admit I use medical marijuana? That is part of my medical history file (Confidential correct?), and I am in full compliance with all state laws. Would it be considered perjury if I said no and if I answer that question does it open my medical history up to more scrutiny during the deposition. That is the only thing I am worried about during this deposition.
Please don’t suggest stopping as I already have. I would appreciate any and all advise on this issue.
I know its a long thread but thought I nedded to give background
I have an evaluation on Dec. 2008 and a court date of Jan. 2009. I am acting in pro per and have been locked in a custody battle for 2 years now. I have 50-50 joint legal and physical custody split, with a 32% parental time share. My ex has gone through 3 attorneys attempting to reduce my visitation to as little as possible.
I have "beat" every one of her attorney's as I have gained time little by little 5 out of the last 6 court dates. I am up to 32%- I agreed when we first separated that I would get my girls every other weekend until I had a place of my own, 17%custody? (I lived at my mom’s after the separation). I now have a 5 bedroom 4 bath and have been gaining time ever since.
Prior to our last court date I filed a motion for more visitation time on the grounds of parental alienation. I have a year and a half of documented emails and actions of my ex to support my case. The reason for our last court date was my ex filed only for an increase in child support. Her attorney suggested that I should pay $770 a month. Once again I was able to prove simply by pay stubs that the true child support amount should only be $320 a month $120 less than what I was happily paying at the time. $320 is what the judge ordered that day.
Would this “loss” to an average Joe in pro per, ANGER most attorneys and possibly cause them to take this case personal?
After the judge announced the new child support amount opposing counsel stood up and asked for a 3111 evaluation. I agreed immediately! Opposing counsel then stated their reason was current disagreements in parenting style. The judge asked counsel to be more specific and they stated that my oldest daughter (12) no longer wants to spend as much time with me. I was DEVISTATED to hear this. I then stated my reason for wanting a 3111 evaluation was my Ex’s attempts to alienate me from my two children (12&7). I stated this in the motion I filed prior to our child support hearing.
Since my day in court her attorney has been VERY aggressive in her language toward me. I believe lawyer 101 type stuff
I have stood my ground and fiercely defended myself as a father. Now the attorney has stated that she intends to depose me “sometime in December”. I am VERY confident that this is simply because they don’t have a case against me to try and take time away.When being deposed, if counsel questions me about my medical history am I obligated to answer said questions? If a question is asked such as do you use drugs? Would I be obligated to admit I use medical marijuana? That is part of my medical history file (Confidential correct?), and I am in full compliance with all state laws. Would it be considered perjury if I said no and if I answer that question does it open my medical history up to more scrutiny during the deposition. That is the only thing I am worried about during this deposition.
Please don’t suggest stopping as I already have. I would appreciate any and all advise on this issue.
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