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Lawyer says "its gonna' get ugly" answer to petition

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SandieTN

Member
Lawyer says "its gonna' get ugly" answer to petition UPDATED

What is the name of your state? Tennessee

H filed a petition for custody; ex-W has now filed her answer. We would like your opinion, please.

One paragraph states:

"The Defendant would show that the Plaintiff has previously subjected her to harsh physical, emotional, and sexual abuse during the course of their marriage. The Defendant would show that the Plaintiff has sought to continue to control Defendant's life following their divorce and has unreasonably and repeatedly demanded that she refrain from dating, has unsucessfully sought to persuade Defendant to have a three-way sexual encounter with Plaintiff and Plaintiff's present wife, and has also demanded that Defendant and Child and Defendant's son move in with Plaintiff and his new wife. Defendant refused such demands, and believes that Plaintiff has brought this unwarranted Petition for Custody in retaliation for Defendant's refusal of such demands."

H's response: The marriage lasted from September til December, 1996. She left soon after telling H she was pregnant, and moved back in with her ex-H. There was NO physical abuse. Sex was adverturous, but consensual. As for emotional abuse, try living with the fact that your wife is pregnant, living with her ex-, and telling you one day the child was yours, one day not; and demanding you sign your rights over to her ex- as soon as the child is born. H and I have been married almost 5 years; ex- called H a few weeks ago, and asked if we were happy together. She said if we weren't, maybe they could get back together, and raise their daughter. (Now she claims her was abusive!) There is no way in H*** I would agree to a 3-way, with her or including anyone else. H says in one conversation where he was mad, He said maybe they could come to live with us (not demanded), because she was losing her house and talking of moving into the projects. He said she said something about his own harem; and he said yeah, maybe a 3-way. It was said in jest! but, now this?

Questions:

1. Will the Judge allow testimony regarding this, since it has no bearing on the child?

2. How should I prepare for this?

Thanks for your help!
 
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tigger22472

Senior Member
OMG.. I'm sorry but I am here LMAO... seriously.. that is the funniest thing I have EVER EVER seen written as a response to a court filing.

NO.. the court will not consider her grounds as they don't prove that he's an unfit parent. I seriously doubt the judge will even address them.. All your DH has to worry about it proving HER to be unfit which he has grounds and showing you have a stable home.
 

SandieTN

Member
funny, yes, but embarrassing!

Thanks, tigger, again; sometimes I think you keep me grounded!

Hubby is just concerned about potentially embarrassing things in court. Most of his family will be there, as well as our pastor. He knows ex- is vindictive, and will say anything, true or not; and doesn't care whether it looks bad on her, or not. The little one told me today, out of the clear blue "Mom sure has had a lot of boyfriends, hasn't she?" Out of the mouths of babes!

So, as I said earlier, the circus begins! H knew it was coming to town; but just didn't want to be in the center ring! lol
 

I AM ALWAYS LIABLE

Senior Member
Re: funny, yes, but embarrassing!

SandieTN said:
Most of his family will be there, as well as our pastor.

=========================================

My response:

Why? What does the "Pastor" have to do with anything?

IAAL
 

SandieTN

Member
Our pastor is a long time friend, as well as a character witness for Hubby. He has been to every hearing, if only for emotional support.
 

I AM ALWAYS LIABLE

Senior Member
SandieTN said:
Our pastor is a long time friend, as well as a character witness for Hubby. He has been to every hearing, if only for emotional support.


My response:

Okay. You're entitled to have anyone you want in the "peanut gallery" seats and watch the "dog and pony show".

However, be aware that the "Priest/Penitent Privilege" does not attach in this situation. So, theoretically, if the "Pastor" enjoys gossiping, there's nothing to hold him back from telling other parishioners about the goings on with your husband. So, if anything is embarrassing, and it comes back to haunt your husband, at least you'll know the source.

IAAL
 

tigger22472

Senior Member
Sandi.... does the ex have a lawyer? It was brought up to me that the petition answer is SOOOOOOOOOOOOOOOOO out there that I'd be suprised if a lawyer actually worded it that way.
 

SandieTN

Member
Legal Aid

Yep, she finally got Legal Aid to take the case, when she came up with a little money. Until then, nobody else would touch it.

And I typed it just exactly as it was worded on the response. I think it is an attempt to embarrass, to get H to back off. But, I'm ready to face it head on!
 

SandieTN

Member
Pastor made a funny

H took the copy of the answer to petition to church with him Wednesday night, and showed it to the pastor. The pastor's response was "I've been to the circus before; I even saw Tiny Tim once, so I think I can handle this". I thought that was a good line, and I can even see the comparison between ex- and Tiny Tim. LOL

We thought the best way to handle this is simply throw it out there so everyone knows that to expect. That way there are no surprises or nothing to hide in court. Anybody that knows us vs. ex- would never believe any of it anyway. It's simply not true.

Any comments? I thank you all for your help.
 

SandieTN

Member
Update

BM has now filed a "Motion to Set Aside" previous orders. We have been told since she has a Legal Aid attorney, he will file everything to keep from being accused of being ineffective counsel.

H has had temporary custody since February, and everything is going well.
Hearing on this is Monday. Should we be concerned?
 

SandieTN

Member
Court Day

What is the name of your state?What is the name of your state?What is the name of your state? TN

We had the court hearing today; since the danger to the child is no longer present, the TRO was lifted and BM regained custody of the child. BM wanted to go back to the every other weekend visitation (per the original MDA), but Hubby asked for the reverse of what she had, and the Judge agreed. So we now have visitation every Wednesday, from after school pickup until return to school on Thursday morning, and two weekends to her one. Not what we wanted, of course, but much better than it might have been.

Trial date is set for June 4th. The battle lines have been drawn; if anyone has any suggestions or comments, please p l e a s e help! Thank you!
 

SandieTN

Member
Hearing yesterday was just on the TRO and temporary custody; since the danger of the fires is past (per testimony of the fire investigator), Judge said he had no choice but to give custody back to the BM. The trial for change of custody petition is June 4th. But, in the meantime, we at least have her 10 days a month as opposed to 4.

BM has already called this morning to bring daughter's gym shoes to school today; she has none at BM's house. And she "is the custodial parent". What a joke! (Sorry for the sarcasm, but I am hurting for that little girl today.)
 
C

coosi

Guest
since the danger of the fires is past (per testimony of the fire investigator), Judge said he had no choice but to give custody back to the BM.

**Fires?? :confused:
 

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