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AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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I'm going through my 3rd

Customer Question

Hi, I'm going through my 3rd custody battle started by ex. he is the primary custodian but he just won't leave me alone. This time he is try to take away more visitation time and very strict visitation such as no overnight sleep over. He always uses that I have history of mental illness. This time he even exposed that before we got divorced I was hospitalized. This has hurt me in court and people around me know as well. Can I sue him for this and can I do something about this during custody battle is over?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have a family lawyer but his not much help
JA: Is there anything else the Family Lawyer should be aware of?
Customer: no, i told him everything
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  AttyHeather replied 7 months ago.
Hi, My name is*****'m an attorney with 15 years vigorous family law courtroom practice experience, and I would like to assist you in answering your question. My response is for information and education, and not as legal advice and we do not form an attorney/client relationship. Your mental health history (including the hospitalization prior to the marriage) is relevant to whether you should have overnight visits with the children. You cannot stop him from filing his papers against you, but if he is consistently denied, the judge may notice the pattern and either dismiss his case or award you attorney fees. However, if he is making claims that are true, the judge will likely want to have a hearing to determine whether he is being honest or not, and if you really do pose a threat to the children. Judges have a hard time just ignoring these types of cases, because there really are mentally ill people who should not have overnights, and the judge owes it to your kids to make sure that anyone having parent-time rights has the proper mental health to handle the children without causing them harm. I'm not saying that you would cause them harm - - I'm just saying that the judge ha to take the accuzations seriously, because in some cases (not all) they are true. If your ex consistently loses, you can ask the judge for attorney fees. I hope this answer has helped you! Let me know if that helped or not.Best,Heather
Customer: replied 7 months ago.
Very helpful
Customer: replied 7 months ago.
I've been divorced for almost 11 years. My ex is the primary custodian and we live in Houston, TX. My ex has sued me 6 times since the divorce including not returning overnight bag on time. My son's been wanting to live with for years. I lose every time he sues me. This time my ex knew my son was having a big problem with the new wife and wanted to get out of there. My ex sued me saying I was turning my son against them and that I was jealous of the new wife. He wanted modify visitation. This time I fought back, sadly the amicus attorney he hired was on his side, the associate judge is friends with the amicus and I was punished for everything. This caused my 15 year old son depression and having thoughts of suicide and homicide. I asked the amicus and my ex for immediate help. She didn't help and my son ended up in mental facility 1.5 months later. My ex didn't tell me my son was hospitalized, which hospital and any information. I asked for emergency hearing and I was the one that got punished. My son clearly said he was stressed and depressed by custody and wants his dad to stop. Dad was relentless pushed trial three times causing more problems for my son. I tried to end it because I can't see my son hurting anymore. My son asked me not to stop and keep going he wants to live with me. I did my son ended up again in mental facility in February. There was emergency hearing without me since then I haven't seen my son. They said my son ended up in the hospital both times and it was my fault. Many accusations against me and no proof they make decisions based on my ex word. They also won't let my son confer with the judge.
I'm medicine compliant and living a normal life.
Expert:  AttyHeather replied 7 months ago.
I'm so glad that I was able to assist you. Would you be able to issue me a positive rating, so that I am given credit for assisting you?Best to you,Heather S, Attorney
Customer: replied 7 months ago.
Hey I didn't get an answer to my question so what the hell. You guys keep sending me the same crap. Btw, I didn't sign up for this or authoize this. I know the law well enough this in fraud. Take me off and give my credit back to my card. I reached to get some assistance at first for custody but I didn't get answer back the second time. I have a very high level degree to know this is crap. Return my money back in my account and take me off your list as signed up member ASAP. I never gave this permission or do I need to call my attorney on retainer to take care of this?

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