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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30184
Experience:  Attorney with experience in family law.
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Hi. I am in a very long hearing for visitation with my daughter.

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I am in a very long hearing for visitation with my daughter. I am at a point where I feel it is better for me to get out of this and go at the father in my marital case because the Judge said he would put him in jail if he finds out he is lying.
I feel this is a much better option to have him put in jail then I will get custody. I want to do this because I know I will win the visitation and he will appeal appeal appeal....he is an attorney (no offense) and he is relentless. He does not care about our child, he wants to win. So, I want to let him win, then come in the back door and surprize! your a crook and you are going to jail.
I can definitely prove he has been lying, very quickly.
Can you please tell me what to ask my attorney to file (would it be a motion?) so that I can walk away from the visitation and immediately start on proving him a liar.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The way to prove that he's lying is, at the visitation hearing, present evidence that shows that he has been untruthful. If he takes the stand to testify, you're able to cross-examine him and show that he has lied on direct testimony. It's all part of the visitation hearing, though. It usually wouldn't be done as part of a separate proceeding.

If he has lied under oath, that is perjury. However, the DA honestly rarely prosecutes those cases. The reason perjury cases make such big news sometimes is both because they are so rare and because the well-known cases usually involve famous people. Ordinarily, it's not easy to get the DA to bring a perjury case. That would be a separate criminal case, in front of a different judge, so there's also no guarantee that it would be successful. If you drop the visitation case, you won't have the option of going back before that judge and asking him to punish your ex for lying in a separate action. It's something that is proven during the trial.

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