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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11458
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My partner and her ex-husband have a preteen daughter. We

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My partner and her ex-husband have a preteen daughter. We have joint custody. I have physical custody of her. He takes me to court to try to gain custody of her based on "my living in a bad area and my home not being healthy for her." We go to our hearing in court, the judge asks if there has been a substantial change. The answer is no. As the judge is about to dismiss the case, he blurts out that my teenage son who is like my partner's daughter's big brother, "touched" and "pinched" her. The judge ordered a bill of particulars. The bill of particulars was submitted and the only thing that he mentioned was that my son "pinched her arm to make her follow his commands." In the presence of my ex-husband, we did talk about the pinching. Her daughter was shocked to have it explained to her that her father alleged that she was touched inappropriately. She explain that she was playing with my son and he grabbed her shoulders, she asked him to stop and he did. That was it. But meanwhile, her ex-spouse has alleged in court that my son did something horrifying to this little girl. He also alleges in his Bill of Particulars to have some recording that says I don't know what. He stated it was forthcoming.
Additionally, he submitted a slew of additional allegations in his Bill of Particulars from he in his two, two hour a week visits is the sole reason for my daughter's health, good grades, attendance in school, and overall cleanliness as well as we both do drugs (based on a Facebook post where my partner used the word "weeding" in the sentence for a YouTube music video ("best weeding 1st dance song ever"). I teased in a comment, "what weeding did you attend. Weekend on your mind." What this meant to me is that "it's been a long week and I know you're tired". As an aside, we are both grad school students, have fulltime jobs, and are fulltime parents. But it could have meant anything: gardening, we were attending a wedding over the weekend, anything.
I know you can't tell me what will happen in this case, only the judge knows what he will allow, but is there any basis for anything here? I can't believe this was even allowed.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I believe that his real issue is that we are gay. I met her after they divorced. Also, do I possibly have a defamation case (requesting punitive damages for emotional distress).
Customer: replied 1 year ago.
My partner is speaking as I type so I have fluctuated between me and I.
Customer: replied 1 year ago.
Sorry, last thing - we live in Virginia.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I am sorry, but I am having difficulty understanding who the parties are.
Could you review your post, properly identify the parties and resubmit?
Customer: replied 1 year ago.
RESUBMISSION:
-Parties - me (the writer/female), C (my partner/female), T.L. (my teenage son), N.M. (my partner's preteen daughter), ex (my partner's ex-husband)
-All parties except ex live in Virginia.
- Situation: C, my partner and her ex have a preteen daughter, N.M.. They have joint custody. C has physical custody of N.M. Ex takes C to court to try to gain custody of her based on "living in a bad area and her home not being healthy for N.M." They go to the hearing in court, the judge asks ex if there has been a substantial change. The answer is no. As the judge is about to dismiss the case, ex blurts out that my teenage son, T.L., who is like my N.M.'s big brother, "touched" and "pinched" N.M. The judge orders a bill of particulars. The bill of particulars was submitted and the only thing that ex mentions was that T.L. "pinched (and punched) her arm to make her follow his commands." Ex later crosses out "and punched." The next day, C, the ex, and N.M. meet and talk about the pinching. N.M. is shocked to have it explained to her that her father alleged that she was touched inappropriately. N.M. explains that she was playing with T.L., after they all went to a water park. T.L. did grab her shoulders and pinch, she asked him to stop and he did. That was it. No bruising, injury. This conversation was recorded (VA is a one party consent state). Meanwhile, what is disturbing to me is that her ex has now alleged in court that my son, T.L. did something horrifying to N.M.. He also alleges in his Bill of Particulars to have some recording that says I don't know what. He did not produce it or say what was on it. He only stated it was forthcoming. His detailing of the incident is about 2 sentences long. His Bill of Particulars also now contain a slew of additional false allegations that have never existed previously. There were two court hearing prior to the one he made the false initial allegation as well as mediation. He alleges that C and I use drugs based on a Facebook post he somehow accessed where she misspelled the word wedding (she wrote weeding in a sentence for a YouTube music video (i.e. "best weeding 1st dance song ever"). I teased in a comment under that video, "what weeding did you attend? Weekend on your mind." What this meant to me is that "it's been a long week and I know you're tired". As an aside, we are both grad school students, have fulltime jobs, and are fulltime parents. It could have meant anything: gardening, we were attending a wedding over the weekend, anything. ). He alleges that C does not spend time with her daughter and based on his two day a week, two hour visits, he is the sole reason for C's daughter's health, good grades, attendance in school, and overall cleanliness. He listed several other ridiculous allegations showing texts and emails of them bickering back and forth. I know you can't tell me what will happen in this case, only the judge knows what he will allow, but is there any basis for anything here? I can't believe this was even allowed.Hope this makes more sense.

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