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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18588
Experience:  B.A.; M.B.A.; J.D.
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My name is ***** ***** Bearden. And my issue is regarding

Customer Question

My name is ***** ***** Bearden. And my issue is regarding child custody / rule NISI and an ex parte order.
JA: Thanks. Can you give me any more details about your issue?
Customer: Yesterday my ex husband and a deputy came to my house and he was able to take my daughter into his custody after going before a judge and giving false information about me and my living situations and current relationship. I had no idea of there being a problem at all as he has acted like everything was fine, besides that he didn't pay child support last week. We currently have court ordered joint custody.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

Could you explain a little more?

When is the next hearing on the case?

What is your specific question?

Customer: replied 1 year ago.
Why was I not able to give my side of the story. All of the things he protested against me to the judge are very inaccurate and just lies pretty much. So why would my custody be ripped away just because of something he said without any further investigation. Our next court date is April 4th at 9 am. Which also doesn't give me much time to hire an attorney of my own to build a case against him. Also, could I fight for full custody? I agreed to joint custody as long as he agreed to pay child support. Which we agreed together on $65 per week. An attorney that I briefly spoke with yesterday seems to think that the only reason for my ex doing this is to get out of paying child support. However, in our divorce/custody papers it states that I agree to joint as long as I receive child support.
Some of the claims that he made were:
-I have been in multiple relationships
But I have only dated 2 people since our divorce being finalized in December 2012.
-I have lived in a hotel for a short period of time.
I have never in my entire life lived in a hotel. I have hardly stayed in a hotel at all when going on vacations.
- I have a child with another man who I am no longer involved.
I do have another child with a man who I was with for 3 years and is 1 of the 2 people I have dated since the divorce was finalized.I'm just confused on the situation entirely. I am in no way an unfit parent. My ex husband refused to come to the hospital when out daughter was born. His name isn't on her birth certificate. He wanted my boyfriend to adopt her... I just don't understand and need elaboration on how things happened the way they did with him gaining custody and everything.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information;

Why was I not able to give my side of the story. All of the things he protested against me to the judge are very inaccurate and just lies pretty much. So why would my custody be ripped away just because of something he said without any further investigation. Our next court date is April 4th at 9 am. Which also doesn't give me much time to hire an attorney of my own to build a case against him.

Response 1: Ex parte Order means an emergency Order that is issued by the Judge without notice to the other side because the Court is persuaded by the evidence presented. However, since Ex parte Order does not have evidence from both sides, the Court must schedule a full hearing quickly to hear from both sides and then decide whether to extend the ex parte Order or terminate it. Hence, the April 4th hearing. At this hearing, you would have the opportunity to tell the Court that your ex lied about the reason for custody and tell the Court about the lies that your ex told to get the ex parte Order. Make sure to state that he is trying to get off paying child support.

Also, could I fight for full custody?

Response 2: Yes, you certainly can and you need to tell the Court the reason for your request.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

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