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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35711
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughters father has filed a motion for full custody based

Resolved Question:

My daughters father has filed a motion for full custody based on my religion. What should I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

I am very sorry to hear that you are in this situation. What is your religion and why is it relevant?
Customer: replied 1 year ago.


Jehovah's Witnesses and because we didn't celebrate Halloween last year?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

You have got to be joking. The other family member is claiming that due to you refusing to celebrate a holiday, you are somehow 'unfit'? My apologies, I cannot believe the other person to be so unreasonable.

Customer: replied 1 year ago.

 


No I am not they say that because she was raised a Christian and we became Jehovah's Witnesses 2 years ago she is in great peril and is being abused. They have counselors involved and are using prejudice to sway my daughter into thinking it is ok to hate people of a different religion.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, James.

I honestly cannot understand how being a Jehovah's Witness, a fairly peaceful sect, somehow makes you unfit as a parent. To respond directly, point out that you have never disparaged other individuals for their religious choices, but that you have as much right to practice a specific religion as to choose to avoid certain religious holidays under your First Amendment. Point out that doing so does not somehow harm your daughter as you simply do not celebrate a holiday, and it does not place your daughter in peril or somehow abuses her due to that fact. The choice to practice a certain religious practice or a chance to refrain from practicing are the same choice, so that right is yours, and as a consequence, unless there is evidence and proof that this affects your daughter in some way, it is a non-issue for custodial rights.

Hope that helps.

Customer: replied 1 year ago.

How can you file a motion to end this case (our court date is set for Feb 12) based on your reasoning. Is there a way to end this case before the witness are brought up and my time with my daughter is wasted on such a misleading case stating I am a bad mother because of my religion? We also want a lawyer to represent us we we have the actually hearing. Most lawyers ask for a 3000 dollar retainer. What can we do to find a Lawyer to represent us for 3 hours only to direct and ask question during our hearing?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies but you cannot end it early, or file for early dismissal. While her claim is ridiculous, it is technically valid if she can link your behavior to abuse of the child, so in that sense it has enough merit to be heard. As for obtaining more affordable counsel, consider browsing the directories at www.avvo.com and www.martindale.com. There you can search out by fees, email the attorneys directly, and ask for whether or not they agree to limited representation or mediation instead.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35711
Experience: I provide family and divorce law advice to my clients in my firm.
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