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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I am representing myself, i know not what you would

Customer Question

i am representing myself, i know not what you would recommend but have been in and out of court for 10 years…my ex wife is now going after my current wife and her business…we were told 4 years ago by a different judge that my current wife is not part of the case and the court cannot rule for or against her…i don't know whether to gather character witnesses on behalf of my wife or argue to dismiss anything brought up against my wife and her business??? any help would be so grateful
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: illinois/family court
JA: Has anything been filed or reported?
Customer: they have filed probably 15 different things…started as a simple motion because i missed a support payment/lost job and am caught up now…but now they have filed to keep my son from seeing me if my wife is here…they have had him in counseling since he was five with a narrative that my wife is trying to "replace" his mom…all accusations have been fabricated and i really don't know how to protect my son from this continued abuse…he is 12 now
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Brandon M. replied 9 months ago.

Good afternoon. I definitely understand why this is upsetting, but based on your description, I'm not clear on why your ex-wife could possibly win anything. Anyone can sue anyone for anything, but that doesn't mean that there's a legal foundation for sustaining the suit. I could sue you for being extraordinarily handsome, but I wouldn't win and would probably get reported to the state bar for bringing a frivolous lawsuit. Do you have any reason to believe that the ex wife has a leg to stand on?

Customer: replied 9 months ago.
She is stating that my wife is overstepping her responsibilities as a step parent by contacting the school on my behalf to get report card as example, my wife stood up at a soccer game to receive a flower on mothers day as she had in the past from my son…it was stated that it made my son uncomfortable…she states we have made my son call my wife "mommy" also not true…she is attacking my wife's business in motions to the court stating she has been investigated, which she was but a a Dr. that is not uncommon…she states my wife controls phone conversations between my son and her when he is at my house…it goes on and on
they are asking for my wife not to be present while my son is here…we have three other children and our relationship with my son is nothing they are portraying in court and are attempting to have my son do as well…again he has been to a counselor for 7 years and has been fed many many times narratives to talk about and i am really really concerned for his well being and am stuck on what i can do to 1.protect him and 2. protect my family
i was under the impression that my wife and her business is not something the court can rule for or against since she is not being represented and is not part of the case…i.e. i am the defendant and my ex is the plaintiff?
Expert:  Brandon M. replied 9 months ago.

jAs it relates to the children that you share with the ex-wife, your new wife can be brought into your existing case. If, for example, your wife was a danger to your kids, your ex-wife would certainly have grounds to go to court in your custody case and request an order that you not allow the kids to be around your wife. That's not to say that the court will find in your ex-wife's favor, but it's a custody issue and can be heard.

​You said that the ex-wife is attacking your wife's business in motions, but it's not at all clear to me how those attacks relate to your custody issues or any sort of relief that the court can grant. Honestly, if your ex-wife wants to make irrelevant accusations, it will just make her look bad in your custody matter.

​To be straightforward, it sounds like your ex-wife is trying to get under your skin, and is succeeding a little bit. She can make whatever accusations she feel is relevant, but the court ultimately decides whether there needs to be a change in custody. She has a right to be heard, but she doesn't have a right to win.