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My ex husband and I are going to a JCC in the next month or

so and I want to...
My ex husband and I are going to a JCC in the next month or so and I want to know what I should be telling the judge if I am requesting sole legal custody. The other parent and I have been separated for five years and at every turn, he refuses to be helpful or co-parent with me. One of our two children has learning/neuro issues and he has not attended one appt out of the last 15 we've had in two years. He harasses me with phone calls, threatens to call the police if I don't answer the phone, and uses the kids and our current orders against me- constantly. I am at my wits end and really need to get some support/advice as to what the judge may look at when making a decision like this at a JCC. I have so many instances of refusal to communicate/help/respond to any of my attempts that I don't know where to begin and I really want to provide pertinent info to the judge/my attorney. Thank you and I hope my question was clear enough.
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Answered in 24 minutes by:
6/21/2013
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
Verified

Welcome and thank you for your question

 

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard



Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry that your children are being used by your husband in this way.

 

Please note that the court will always rule in what it feels is the best interest of the children.

 

Therefore, I suggest that you are going to have to use this information about the Father in a way to show the court it is not in the best interest of the children to share custody.

 

Keep in mind, that it is very hard to win sole custody of children if the parent is not a danger to them.

 

But if you want to try to get the sole custody, you will need to show the court how the father's behavior is not in the best interest and that you have a solid, stable and loving home environment

 

I suggest you also have a visitation schedule for the Father to show the court that you are not trying to preclude a bonding, but being back and forth among parents is not the best interest.

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
Verified
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Samuel II
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Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
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Experience: General practice of law with emphasis in family law.

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