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I have mediation next week...hes suing for full custody

Customer Question
I have mediation next...

I have mediation next week...hes suing for full custody claiming I am unfit. my question is he claims to have a picture of my drinking a beer before picking the kids up from the babysitters. Is that illegal? Should I deny that or say yes I have done that a couple times...Im home for an hour before I pick them up...that is literally the only thing he has against me. I am terrified.

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

Buena park ca

Lawyer's Assistant: Has anything been filed or reported?

He served me with full custodypapers

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

That the only reason hes doing this is to move out of the county for his new relationship

Submitted: 6 months ago.Category: Legal
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1/8/2018
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,066
Experience: Partner at Kent Law Group, LLC
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Lawyer: Olivia Kent, Attorney replied 6 months ago

What you describe is NOT illegal and NOT a basis for a determination of unfitness. Even if he does have a photo of you drinking a beer doesn't mean you were intoxicated. Think of it this way - if you went out to dinner with your family (including children) and had a glass of wine or a beer are you *automatically* unfit to drive with your children? Certainly NOT. Please let me know if that answers your question. If you don't need any additional information, could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 6 months ago
He says I drank three in an hour...which I think how could he prove that with a picture?? What keeps me up at night is when the mediator point blank asks me if this happened...do I deny or say i have had a beer after work before I get them. I'm terrified to deny in fear of it making me look like a liar when everything else in my case is true!
Lawyer: Olivia Kent, Attorney replied 6 months ago

No - he can't prove that with a picture. He also doesn't have your blood alcohol level. It would be his word against yours.

What you don't want to do is lie of course b/c that's perjury. But if he's just saying things and he has no way of proving them and you don't think it's true why would you say that it is, right?

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Lawyer: Olivia Kent, Attorney replied 6 months ago

You wouldn't just say you have a beer after work before you get them - you would just answer their question: "did you have three beers..."... Volunteering how much you have had to drink doesn't make sense b/c it just makes it easier for them to prove whatever they're trying to prove. But lying is obviously bad and there's a different between lying and helping them make out their case...

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Customer reply replied 6 months ago
if I say it has happened before that I come home change have a beer and watch a show before I get them...you dont think they would give him full custody or 50/50...that literally the only thing he has on me...he is a daily pot smoker and was growing at the house so its not like hes fresh as a daisy. sorry for rambling just so scared of losing my kids.
Lawyer: Olivia Kent, Attorney replied 6 months ago

That's not a basis for losing custody. If you're doing something to endanger your children's safety --- THAT'S a basis to lose custody.

A daily pot smoker?! THAT is highly problematic when watching children and don't even get me started on the growing it in his house thing!

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Customer reply replied 6 months ago
ive just heard horror stories about mediation if you admit to drinking a few times a week they put a no drinking around the kids ruling...I dont endanger them I just watch movies and relax at home. Ive been told to deny deny deny...I do drink and thats not against the law
Lawyer: Olivia Kent, Attorney replied 6 months ago

You're 1000% right - drinking is not against the law - but I can't legally or ethically tell you to lie. But you don't want to make out their case for them. I actually haven't heard of anyone who drinks a beer an evening being denied custody so I hope that makes you feel better :)

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