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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33928
Experience:  Began practicing Family Law in 1992
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Ex boyfriend lied on things that can be proven and was

Customer Question

ex boyfriend lied on things that can be proven and was awarded custody of the baby. Will a motion for a new trial work?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
He lied about me being suicidal however, when asked why he did not call for a wellness chack, he said he spent 2 hours on the phone talking me out of harming my self. The truth is, my phone records show the most we spoke was 15 minutes. I called him first, spent 11 minutes on the phone and he called me back a half hour later we spent 4 minutes on the phone. He also claimed he wanted to add me to his ACA, however, the time frame does not add up. He claims the relationship had ended at the point he claims he wanted to ad me to his insurance. When asked how he could have done that since we were not married, his response was he wanted to marry me and yet this was after the time point he claims our relationship ended. Texts and emails prove he was still living with me after the time he claims the relationship was over.
Expert:  JD 1992 replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'm not sure what you mean by "Will a Motion for New Trial work?"

If you mean is that the right pleading to file to raise the issue of the falsehoods with the court and request for the court to reconsider the matter, then yes that is the appropriate paperwork to file if you are still within the time limit (30 days from the date the order was signed in most states).

If you are asking if the judge will reverse his order and grant you custody because you file the Motion for New Trial then the answer is no, all that motion can do is give you an opportunity to have a new hearing and offer your evidence and contest your ex's evidence.

However, if you intend to appeal then you definitely want to file the Motion for New Trial and submit the evidence in admissible form as to the lies your ex told so that it is in the record otherwise the Court of Appeals can't even consider it.

If you don't have a lawyer then you definitely want to consider getting one at this point because there is a specific way evidence has to be offered for it to be admissible and considered by the trial court and the Court of Appeals. If the evidence is not offered correctly then it will not be considered at all.