longsally111
Member
how is he keeping her away when she moved out leaving the child behind and left the state while he is still in town?
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What to do!!! This is bad!!!
- Thread starter longsally111
- Start date
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>Charlotte<
Lurker
Let's at least abandon the "she had no reason to be unhappy because she had a big house and a new car and diamond earrings" assumption.
Ohiogal
Queen Bee
She didn't move. She went on vacation. She told people that she was going to her family's house and they decided that meant she was moving. But it wasn't true. She was allowed to do that. Then she came home and found out that she was locked out of the house and such. That is a very plausible situation. The affidavits are going to mean nothing quite frankly.
LdiJ
Senior Member
Because you specifically stated that one of the reasons he moved out of the house was to keep her from getting the child.
longsally111
Member
Lets try this again and I will be more specific. After she left the home, she returned about 1 week later, packed up clothing for herself and her son with a neighbors help and told that neighbor that she was moving back to North Carolina and enrolling her son is school there. She gave that neighbor the key and left. That neighbor gave an affidavid. I dont see how she can come back now and state she was just going for a visit.
Now, he did move out for 2 resons. 1. She continued to make false allegations about him whenever she was within 5 feet of him and his attorney advised him to stay away from her until the hearing so that she could not continue to put in false police reports. Again, remember, she was overheard telling people that she was going to bruise herself up and call the police and claim he beat her. That is more than enough reason to stay away and move out.
2. She is on drugs and drinking and he felt the child was in imminenet danger. If he could have, he would have taken the boy as well but he had no legal claim to him and if he had, he would have been "kidnapping". Her father is now seeking custody of that child. The records show that he immediately hired the attorney and filed for an emergency hearing, In this state, that still takes about 2 weeks. ( which I find terrible on the courts part).
The affidavids that have been given are all about their witnessing with their own eyes her irratic behavior, drinking etc. over the last 2 years. I guess I will update this thread after court. I am interested to see what the judge does. The affidavids are titled " child custody affidavids" and they were given out by his lawyer and are 4 pages long. It took forever to fill out!!!!!!
Now, he did move out for 2 resons. 1. She continued to make false allegations about him whenever she was within 5 feet of him and his attorney advised him to stay away from her until the hearing so that she could not continue to put in false police reports. Again, remember, she was overheard telling people that she was going to bruise herself up and call the police and claim he beat her. That is more than enough reason to stay away and move out.
2. She is on drugs and drinking and he felt the child was in imminenet danger. If he could have, he would have taken the boy as well but he had no legal claim to him and if he had, he would have been "kidnapping". Her father is now seeking custody of that child. The records show that he immediately hired the attorney and filed for an emergency hearing, In this state, that still takes about 2 weeks. ( which I find terrible on the courts part).
The affidavids that have been given are all about their witnessing with their own eyes her irratic behavior, drinking etc. over the last 2 years. I guess I will update this thread after court. I am interested to see what the judge does. The affidavids are titled " child custody affidavids" and they were given out by his lawyer and are 4 pages long. It took forever to fill out!!!!!!
LdiJ
Senior Member
Affidavits are still hearsay, because an affidavit cannot be cross examined in court.
longsally111
Member
these are being used for the emergency custody hearing. What else can the judge go on?
penelope10
Senior Member
Testimony.
LdiJ
Senior Member
From real people, in court, in front of the judge.
longsally111
Member
so, if all the people who gave affidavids come to court and testify to the exact same thing that was written in a sworn affidavid, this is admissable but the written version isnt? Very interesting. I will update the thread after the court hearing which is supposed to be this week.
>Charlotte<
Lurker
No, it's not necessarily admissible. It might be. It depends on what they have to say, how it relates to the current issue, and what the basis of their knowledge is.
TinkerBelleLuvr
Senior Member
My X tried introducing a fax of a police report when we were in court with the judge. The judged looked at it and put it aside. I asked my attorney about it afterwards. Her statement, just like OhioGal has stated, "It was HEARSAY."
The advise I would give this dad. Have the people available in the courthouse in case the judge wants to be able to have them cross-examined.
The advise I would give this dad. Have the people available in the courthouse in case the judge wants to be able to have them cross-examined.
longsally111
Member
I will tell him Ginny. Just an update: She had her father pay all the deposits and he has agreed to pay all her bills, remember, she doesnt work. The court hearing is 02/02/09, not that far away and as of today, she still has not moved back in, even though the power has been back on about 5 days. His attorney said that she probably did it to show the court that she is " staying there " even though she has not set foot in the home.
His attornay also stated that it didnt matter, that since she can show no income and cannot pay for the home and he can, she more than likely will have to take over all the bills and the mortgage or move out. He is going for a 90 day divorce for spousal abuse ( she slapped him 2 times within 1 week in front of witnesses) and for adultery. I believe he filed for those already as well.
we shall see,
His attornay also stated that it didnt matter, that since she can show no income and cannot pay for the home and he can, she more than likely will have to take over all the bills and the mortgage or move out. He is going for a 90 day divorce for spousal abuse ( she slapped him 2 times within 1 week in front of witnesses) and for adultery. I believe he filed for those already as well.
we shall see,
longsally111
Member
Update
They had the hearing, each side was given 7 minutes only!!!!! ( shocking to me for an emergency custody hearing). Anyway, he had affidavids from 7 people, she had her mother and step mother. She claimed that she never left the house and he shut off the utilities while living there ( something he was able to prove did not happen), made the judge mad she lied to him, big nono.
She claimed they were still having sex, etc. Judge awarded HIM the house and the baby!!! She gets 4 days a month with the baby ( every other weekend). Judge DID award him every other weekend with the little boy but he is taking a pass as his mother has the child saying all kinds of things to people and he is afraid the boy might start making false allegations against him and he wont take that chance.
They have 2 cars, one older blazer that is paid for and a nice nissan altima that 2800.00 is still owed on. She got the car with the car payment and he got the paid off vehicle. She then asked for 3 weeks to move and he said no, out by Sunday and if not, police will come and remove her.
The judge did not order child support or spousal support at this time so she gets NO money. She is moving back to NC to live in her fathers trailer with her son. Also, found out yesterday that she started to call people who gave affidavids screaming at them on the phone. Not sure but I think the lawyer stated that it was harassment and now more affidavids are coming about the phone calls and more changes. Wow.
They had the hearing, each side was given 7 minutes only!!!!! ( shocking to me for an emergency custody hearing). Anyway, he had affidavids from 7 people, she had her mother and step mother. She claimed that she never left the house and he shut off the utilities while living there ( something he was able to prove did not happen), made the judge mad she lied to him, big nono.
She claimed they were still having sex, etc. Judge awarded HIM the house and the baby!!! She gets 4 days a month with the baby ( every other weekend). Judge DID award him every other weekend with the little boy but he is taking a pass as his mother has the child saying all kinds of things to people and he is afraid the boy might start making false allegations against him and he wont take that chance.
They have 2 cars, one older blazer that is paid for and a nice nissan altima that 2800.00 is still owed on. She got the car with the car payment and he got the paid off vehicle. She then asked for 3 weeks to move and he said no, out by Sunday and if not, police will come and remove her.
The judge did not order child support or spousal support at this time so she gets NO money. She is moving back to NC to live in her fathers trailer with her son. Also, found out yesterday that she started to call people who gave affidavids screaming at them on the phone. Not sure but I think the lawyer stated that it was harassment and now more affidavids are coming about the phone calls and more changes. Wow.