What do I do if my son's father is going into court telling the judge what I said on my motion to modify are lies?

Child Custody 3 views 4 answers
I filed a motion to modify my court order for the second time since my son's father has not had any over nights since July 2010. Current court order states 50/50 custody which is not the case anymore. I am unable to modify my child support since the court order still shows he has over nights. My son has had zero overnights since July 2010 when my son made the decision at 13 that he didn't want to spend anymore time with his father. May 2011 I sent in a motion to modify and got a hearing which father did not show. Tried just to modify child support and father did show, but said he was too heart broken to attend first hearing. He did not contact my son for 14 months after my son told him he didn't want to see him. Now he is telling my son that what I said in the motion are all lies.

Attorney Answers

4
David Rich ·
You could ask that the court interview your son. You probably should hire a lawyer - the return on investment just from the change in child support should quickly cover the attorney fees and you likely will get a better outcome with less stress. Hope this helps.
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Atousa Saei ·
I am terribly you are going through this. Mr. Rich is spot on his assessment of your question. Retaining a knowledgeable local family law attorney to protect your rights and best interests is your best option. By protecting your assets from your son's father in the form of child custody payments, you will be ensuring greater financial safety for both you and your son. Good luck.
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David Littman ·
In addition to retaining your own lawyer discuss the notion of having the Court appoint a parental Responsibilities evaluator or child and family investigator. This neutral professional can report your son's wishes to the court.
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Karl Geil ·
Welcome to the world of litigation. There are always two sides to every story, and the courts are there to try and figure out who to believe and what to do in the best interests of the child. Since you filed the motion to modify, it is your responsibility to prove your claims with appropriate, admissible evidence at a hearing. No one can coach you on how to do that on a message board like this. You really do need competent representation.
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