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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
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Experience:  Experienced, and knowledgeable family law attorney.
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Just six after my ex lost physical and legal custody of te

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Just six after my ex lost physical and legal custody of te children mainly due to a knowingly false CPS report she made-- she has petitioned the court for to go back to the prior joint custody situation. She offers no new evidence other than she and the children are "devastated".

More important than retaining full physical custody for me is retaining full legal. Wihout that mother is constantly a war over everything from school choice/medical/extr-curricular activities.

In a high conflict case, where mother has already been Hien to have lied to authorities and the court, what are some strategies or maintaining legal custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.
Hello! If you find my response helpful, please rate it positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

I'm sorry to hear about this situation. It's amazing what people will do in family law/child custody cases. I'm sorry your ex has done this to you.

As far as strategies go, let's talk about the law first. Generally, there must be a change in circumstances to justify a modification of an existing custody order. That's her burden to prove. Generally the circumstances must be negative against you or positive in favor of her. I don't know what she will come up with, other than being tired of paying child support to you and bitter that she lost last time! But that's your first line of defense: there has been no significant or material change to justify alternation of the court order.

Her past actions speak volumes about why nothing should change. One of the factors most courts look at in these situations is cooperation between the parents regarding the children. The fact that she made demonstrably false allegations against you so recently does not bode well for her. You or your attorney should remind her on the witness stand of her lies. The conclusion: why should the judge believe her now?

Also in the area of lack of cooperation, it sounds like she is constantly at war with you over the children's activities at school. The legal issue is whether or not she is she is acting in children's best interest. It sounds like she has an ax to grind with YOU, and is not really thinking about the children. She's being difficult for the sake of causing you headaches, not to help the children. That's a conclusion to be argued after the facts are entered into evidence about her lying, obfuscation, and generally combative manner.

Are you keeping a journal? If not, you should start. Write down everything you can for the past six months, with dates and as many details as you can remember, regarding things she has done that you believe reflect negatively upon her position. Also, keep a journal from this point forward of the same sorts of things. Include all the things you believe reflect positively upon your position. While a journal is probably not admissible into evidence, it will certainly help you keep track of what she does and when. That way your cross examination of her can be more effective and your own testimony can be more clear and persuasive.

I'm sorry you're going through this. I hate to say it, but I've seen this sort of shenanigans a zillion times in the past and probably will see it again in the future. All I'm saying is...you're not alone! I wish you the very best in dealing with her with this case and in the future.

I hope I've been helpful to you. If so, please rate my response positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 997
Experience: Experienced, and knowledgeable family law attorney.
S. Huband, Esq. and 10 other Family Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely XXXX XXX matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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