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Desperatly want to see my child

Asked Jul 13, 2007, 09:28 AM — 2 Answers
I live in Pennsylvania I have visitation of my daughter who is 7yrs old. My husband and I have separated since I left him I have only seen my daughter one time in 5 months. My husband refuses to follow the court order because he is angry that I have a new boyfriend and I am pregnant. He has recently gotten a lawyer and filed a suit against me to modify the court order trying to prove me unfit and have my rights taken frome me. Because I threatend to hold him in contempt of court I have sent him 2 certified letters telling him he is in contempt but he filed for court before I could file to hold him in contempt. I have no money and legal aid in my area is not acepting new clients so I must represent myself. Some how he obtained medical records of mine which I did not sign for him to have and he is trying to use these against me in court because I am bi polar. I am in treatment I'm on medicantion and have been for over a year I am stable but a year and 1/2 ago I was not and was using drugs I never negelected my children in any way never hit them and never ever subjected them to my drug use I addmitted my self into rehab and into another hospital back in nov of 2006. I've always held a stable home even through my drug use. I have prof from my dr that I am stable and have documented converstations between me and my husband and plan to use these in court against him. The only problem I have is that I cannot obtain employment right now because I was recently arrested for burglary which I am not guilty of but the police wanted me to testify and I refused so two years later they arrested me and are charging me with the burglarys so that I testify I'm afraid this will hurt me in court the case is pending right now. What can I do to prove to the judge that I am not unfit and show that he is abusing his custody rights not because I am unfit but because he is jealous I am with someone else and pregnant? Please help

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excon's Avatar
excon Posts: 20,999, Reputation: 15460
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#2

Jul 13, 2007, 09:55 AM
Quote:
Originally Posted by hotsteppa1205
What can I do to prove to the judge that I am not unfit
Hello hot:

Hire a lawyer.

I know, I know. I heard your sad story. You've probably got a jillion reasons why you can't do that - and I don't care.

Court isn't about fair. It isn't about who's right. It isn't about justice. It's about WINNING. Nothing else.

If he has a lawyer and you don't, you're toast.

excon
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#3

Jul 14, 2007, 08:26 AM
Any court order that is in effect remains so even if a proposed modification is pending. It doesn't change until the judge rules on it. Therefore, as of right now, your husband is in contempt and will remain culpable even if the order is modified as per his petition. Meanwhile I have to question how he obtained your medical records without your consent. You should ask the judge to have them dismissed as inadmissible as they were obtained without your knowledge or consent. All of the other issues you've mentioned are pretty much water over the dam. The judge will rule on what's deemed to be in the best interests of your daughter.
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