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I recently filed an emergency petition for child custody. I…

Customer Question
I recently filed an...

I recently filed an emergency petition for child custody. I was given a return hearing. I have no lawyer never did. My ex and his girlfriend had a bad domestic fight. That my kids were in the house when this happened. I want to know when we go to court I already know they going to lie. All I have is a recording of all 3 kids telling me details. When his lawyer has her turn to talk and lie how can I go about telling judge they lying. They already telling me that the kids are liars and they talked to them about lying. The kids did not lie how can i confront their lies in court

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know when they lie and they plan to lie I already know that. What is the proper way to confront this lie

Submitted: 7 months ago.Category: Family Law
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Answered in 3 minutes by:
9/30/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,136
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Try to get the tape admitted into evidence.You can authenticate the voices , tape is more reliable in my mind then them after coaching.The judge will listen and may well agree to your petition.It is evidence that best interests of children are with you getting custody.Try to hone you testimony and argument that the tape is more credible and the best interests are to grant this.

25-403. Legal decision-making; best interests of child

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, including:

1. The past, present and potential future relationship between the parent and the child.

2. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.

3. The child's adjustment to home, school and community.

4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.

8. Whether there has been domestic violence or child abuse pursuant to section 25-403.03.

9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.

10. Whether a parent has complied with chapter 3, article 5 of this title.

11. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

I appreciate the chance to help you tonight.I wish you the best here and will say little prayer for you in court.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
Today when I went to pick up kids at dads house. We have 50/50. Dad must have already read my motion because the first thing out of girlfriend mouth was her accusing my son of lying. She went as far as making him apologize time for lying. I know my kids did not lies. She was telling me a rediculous story about how she broke the window in the door. She says she has a witness. I know she is lying but how can I get judge to see he and her are lying, which I am sure they will do. The kids gave too many details for their story to be a lie and the kids are displaying too many symptoms of abuse.I just know they going to come to court and lie. I got screwed by his lies before and I can not let this happen again. I have to get the kids out of their house.
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Play the tape, judge will figure it out pretty quick.Understand judges has a great bs meter, they get lied too everyday he will believe the tape, its real and unrehearsed.I don't think they can explain this away they will sound like liars.Have some faith be honest at all times.You will be fine here.

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Customer reply replied 7 months ago
Excuse me for being so sceptical but I got screwed big time during our first hearing based on his lies. I told the truth and his lies were believed over the truth. I can not let my children remain in their home it is extremely important I be able to show his story he will tell is a lie. He will prob even bring a person as a witness who will lie for them. How can I squash their lies.
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Well all you have here is the tape, unless you can locate other witnesses you present what you have here.I am assuming the police were not there.I hope the judge will see there is a problem and best interests are you have the kids.You sound pretty convincing and you have the tape.You are sure of what you heard and the tape backs you up.

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Customer reply replied 7 months ago
It absolutely does. All 3 kids can be heard on the tape agreeing to details of the incident. When I picked them up after this incident it seemed like the kids were anxious to tell me why they got a new door. I will see how it goes.
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

I truly wish you the best here.I think you will present well here.

Thanks again, thanks for rating 5 stars.

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Customer reply replied 7 months ago
Is there a legal term I can use to say the dad and girlfriend are intimidate the witness they are telling g the kids they were lying and even try to get them to apologize to mom for lying. Kids are not lying but these. People are using the children as they lie that should show bad parenting if they willing to use the kids
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Cohabitation here.Living in same residence and having a relationship.

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Customer reply replied 7 months ago
Dad and girlfriend live together and have for several years. The kids stay with them during week due to school but when school out it every other week since getting served with my motion which is based on kids telling me and seeing their behavior plus they have a history of domestic violence I left him took kids years ago due to him being violent now they both trying to get out of this accusations by telling and trying to convince kids they are lying. Isn't there some law against coercing a witness. Makes me sick dad will stoop so low to make kids out to be liars
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Judge will see this, they are pretty sharp.You have a better case than you know, you can show pattern of domestic violence.Ex is bound to get crazy again too.Have you though about sending in a CPS complaint and have them take a peak here.You can claim they are abusing kids he has history of domestic violence.

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Customer reply replied 7 months ago
I have gone that route and every time investigator ignores my concerns and because dad and girlfriend are such convincing liars nothing has ever been done. I have been to ombudsman too. That why I so untrusting every place I turn to to seek help for kids believes his lies and he coaches and threatens kids with punishment if they don't say what he wants. This is such a long drawn out thing it will never stop. I try help kids dad try hurt me at all cost he not care about the kids well being
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

You just have to keep on fighting here, its going to be a continuous thing until you get custody.

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Category: Family Law
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