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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26930
Experience:  Began practicing Family Law in 1992
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I am currently going through a divorce in California (we have

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I am currently going through a divorce in California (we have been separated since November of 2009; divorce was filed November 2010). We have one child together (3 year old son). I am on active duty with the CA Army National Guard, she is a dental assistant working 20-30 hours per week. My ex is seeking full custody, spousal support, and attorney fees. We were married for 4 years and 7 months at separation, we have been married for 6 years and 2 months at this point in time.

My ex left our residence September 2010, leaving my son with me for two months before we verbally agreed to 50/50 custody. I pay for all of my sons expenses, to include daycare (which she refuses to split), healthcare (tricare provided by Army), clothing.

I have logs displaying my ex's behavior while she lived with me at our jointly owned residence (always going out at night, leaving me with our son; taking my son to my parents, who live two hours away, while Im at work).

I have a print screen of my ex facebook status stating "I'm so mad i could kill someone! dont f**k with me (my name)! you have no idea who you are messing with!

I have photos of the master bedroom she was staying in when we were living under the same room where she had dirty laundry and trash EVERYWHERE, dirty dishes with months old food still in them, and items such as scissors laying around where my son can get to them.

When my ex lived with me, I was the one to prepare my son for daycare, and take him/pick him up every day. This is documented in my logs.

I have a police report from when she was making harassing calls to my work and command.

In my ex's "declaration in support of her order to show cause" where she is seeking full custody, she states that I am an unfit father with severe anger issues (using my treatment for PTSD as a "means" for proving this; the army enrolled me for treatment when I was seeking marital counseling through the Army). She also states that I kicked her out of our residence, and bullied her into splitting custody by telling her that she will not see our son at all if she does not agree to 50/50 custody.

What do I need to have in my response? What do I need to convey to my attorney (who is not pro-active)? What approach do I need to take? What supporting documents will help my case?

Any advice you have would be GREATLY appreciated !!!
Submitted: 3 years ago.
Category: Family Law
Expert:  JD 1992 replied 3 years ago.
It would help you to have a mental evaluation done and that psych expert prepared to testify in court that you don't have anger issues. You can also request that the court order a psych eval done on her as well. Other than that the logs, FB pages, and the pictures are great evidence and a lot more than most people have. If you know anyone that can testify as to her instability that will help as well.

You don't want to give away too much in your response, just deny the allegations.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.
Thank you. How much detail do you recommend in my responce; should I leave out "the dirt" on her entirely?
Expert:  JD 1992 replied 3 years ago.
Yes, the response isn't the right place for that usually. Ck with your lawyer just to be sure they don't want it in there for some reason, but usually you save that kind of stuff for trial.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26930
Experience: Began practicing Family Law in 1992
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