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freemont · Jan 10, 2008, 06:19 PM

My boyfriend is going to court next week for custody of his son. When he divorced his son was 2 and the Mom filed all the paperwork for the divorce stating he could have visitation in her home and he didn't have to pay child support. He agreed since his son was young and he felt that his son needed to live with his mother. Now his son is 6 and he wants him to come stay with him every other weekend in our home. The Mom has sworn to ruin his life and is saying he's violent, etc. What should we say and not say in court, we have no idea what to expect.

ScottGem · Jan 10, 2008, 06:23 PM

He should get an attorney to help him. But the best thing would be to just tell the truth, maintain a calm demeanor.

Fr_Chuck · Jan 10, 2008, 06:34 PM

He should most certainly have an attorney.

He can expect his ex and anyone she can get to come into court and lie, they will tell how he has done this or that and how dangerous he is.
If there is any police report on him, this will be brought up.

Also if he has not been visiting, that will be noted. As the fact he has not paid any child support ( I can't believe a judge actually allowed that)

But no matter what lies are told, he hs to not say a single word, but that is why an attorney is needed to object when they can to what is said that is not proved.

freemont · Jan 10, 2008, 09:09 PM

Thanks scott. He hasn't seen his son since December 5th, problem is every time he goes there she harassed him. She calls him names, says bad things to him and about him in front of the child, etc. They got into an argument and he decided no more because he was worried if he continued to go there that something bad would eventually happen. She lives with her parents and the Dad tried to start a fist fight with him so he just decided it's better not to go back because you can only push a person so far before they fire back. He would never hit her but as for her father pushing him and trying to fight him, that is another story.

Fr_Chuck · Jan 10, 2008, 09:16 PM

Have someone come along with a video camera for the visit returns and pick ups, then if he does this, it is on video.

ScottGem · Jan 11, 2008, 09:05 AM

Have the visitations setup so that he doesn't have to go to the house. Make her bring the child to a neutral location. If she doesn't show get her for contempt of court.