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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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My ex took me back to court to get full custody over our 2

Resolved Question:

My ex took me back to court to get full custody over our 2 children ages are 9 and 12. My son (12)spoke to the judge and told her that he wanted to go and live with dad but our daughter(9) she told her that she wanted to live with me still. Our son only told the judge this because he is so scared of what his dad is going to say. There dad has had 2 domestic violences charged against him, always getting evicted from his houses that he has been in and he has 7 contempts against him right at this very moment. The only reason why he wants full custody now is b/c I am remarried and the kids have to ask for food her at my house. Pretty lame reasonings, huh? What should I do with my son if he is so scared to actually tell his dad that he doesn't want to go and live with dad. I asked my attorney and my son if he would actually tell the judge again how he is really feeling. My son said, that he is afraid of what his dad is capable of doing. What should I do?
Submitted: 4 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 4 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

What's the status of the case? Has the judge ruled yet?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

Customer: replied 4 years ago.
No, there has been no ruling as of yet. Oct. 22 is supposed to be our final court hearing date. That is IF our son goes in and tells the judge before this that he only wants to live with me-mom, and not dad but wants alittle more visitation time with him. I understand that our son needs to have his male bonding with his father, but his father doesn't even take his visitation time with the kids usually. His work schedule is so caotic that he usually doesn't get home till 8-9p at night. Therefore, if dad does get full custody over our son, his fiance or babysitter will be doing all the care for our son.
Expert:  Jane Doe Deer replied 4 years ago.

Sorry about the delay. I had to reboot my computer.

 

You can file a motion to have a psychologist interview the children and father and make recommendations to the court. As part of the same motion, you ask the court for a continuance (postponement) of the hearing date, to give the psychologist time for the evaluation. AND, as part of the motion, ask the court to order "the other side" to PAY for the psychologist.

 

If you haven't already, you need to present the judge with all that negative information about the father that you told me about, above.

 

Please let me know if I can be of further help. My computer seems to be ok now.

 

Jane

Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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