[msgoose]

We're going through a divorce. We're still living together. My husband has filed motion indicating I am an unfit mother. He also, wants parenting time granted now, so he can take our daughter out with me knowing where they are going. I filed a cross motion asking for child support & to be primary custodian. He filed another motion indicating that I have a drinking problem. I went to a foresnic psych' who has written a letter to the judge indicating I have no addictons. I took a drug/alcohol test, came out negative. Now, we were supposed to go to court on Friday and his lawyer wrote a letter to the judge wanting another chance to answer my cross motion (rebuttal) and change the date a week.
What does this say for me? Do I have a chance to win my daughter?

[General]

We're going thru a divorce. We're still living together. My husband has filed motion indicating I am an unfit mother. He also, wants parenting time granted now, so he can take our daughter out with me knowing where they are going. I filed a cross motion asking for child support & to be primary custodian. He filed another motion indicating that I have a drinking problem. I went to a foresnic psych' who has written a letter to the judge indicating I have no addictons. I took a drug/alcohol test, came out neg. Now, we were supposed to go to court on friday and his lawyer wrote a letter to the judge wanting another chance to answer my cross motion (rebuttal) and change the date a week.
What does this say for me? Do I have a chance to win my daughter?

The thing to remember here is, the Judge is looking at what is best for the child.

Your chances can improve if you and your ex can come to an agreement of custody. It appears in your case you are wanting full custody... Good Luck. This is usually an expensive fight and is not viewed as what is best for the child.

I suggest, don't blame each other, Share in the responsibility of care for you child. Forget about Child Support. If you can request it, so can he. When you share the cost, while the child is in the care of either of you, this is what's best for all concerned.

Your child usually knows what is going on without being told. While with your child... please do not make the mistake of using your most cherished person to collect information on the other parent. (The court doesn't care unless it puts the child in harms way... this can be physical or mental). Just love and support your child... your ex may feel the same way.

Good Luck.

[ScottGem]

I don't see any indication that the judge is on his side. But I see an indication that he has a lawyer and you don't. His lawyer knows how to manipulate the system and you need someone like that in your corner.

Your attorney should be pointing out that your ex is making accusations that have been proven false. That all his counter motions seem just vindictive.

[msgoose]

The thing to remember here is, the Judge is looking at what is best for the child.

Your chances can improve if you and your ex can come to an agreement of custody. It appears in your case you are wanting full custody...Good Luck. This is usually an expensive fight and is not viewed as what is best for the child.

I suggest, don't blame each other, Share in the responsibility of care for you child. Forget about Child Support. If you can request it, so can he. When you share the cost, while the child is in the care of either of you, this is whats best for all concerned.

Your child usually knows what is going on without being told. While with your child...please do not make the mistake of using your most cherished person to collect information on the other parent. (The court doesn't care unless it puts the child in harms way...this can be physical or mental). Just love and support your child...your ex may feel the same way.

Good Luck.

We have tired mediation. My husband told the mediator, He will not allow me to raise the child. He should be given 50/50 overnites no less. Our daughter is not even two years old yet.

[msgoose]

I don't see any indication that the judge is on his side. But I see an indication that he has a lawyer and you don't. His lawyer knows how to manipulate the system and you need someone like that in your corner.

Your attorney should be pointing out that your ex is making accusations that have been proven false. That all his counter motions seem just vindictive.

I agree. However, I think my husband asked his attorney to make sure that he would get in the last word. Because I guess now when we go to court, I will probably be first on the stand. Now, he can try to twist everything I say around.

[ScottGem]

That's what your attorney is for. There is also such a thing as rebuttal.

[msgoose]

That's what your attorney is for. There is also such a thing as rebuttal.

My attorney said that I don't get a chance for a rebuttal. Once my husband puts in his rebuttal. I don't get a chance for one. I think my attorney is completely gutless. I think I need to get rid of this attorney.

[ScottGem]

That may be a good idea. Each side should have a chance at rebuttal, but one side has to go first, the other gets last licks.