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Please help - what testimony will the Judge allow?

Started by Tennessee Dad, Jul 20, 2004, 11:42:23 AM

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Tennessee Dad

For those of you who have been through a custody trial, how much testimony about my sexual past will the Judge allow?  My ex- has responded that she intends to testify that I tied her up, and sexually abused her while we were married.  She says her Mother and step-Father are going to testify she told them of this, and the use of "sex toys" during our marriage.  

Let me assure you, all sex was consensual.  Nothing about abuse was mentioned during our divorce.  She even signed the papers stating the child she was carrying was not mine.  She was living with her ex-h at the time the child was born, and at the time of our divorce.  According to her ex-, he is willing testify that she offered to be his "sex slave", if he would just pay her bills (this was just last year).  She has even brought out the fact that I had an affair with teenage girl during my first marriage.  Not saying it didn't happen, but that was over 20 years ago.  

I am a basket case!  In your opinion, just how much of this kind of testimony will the Judge listen to.   My wife says not to worry about it, but I am fearful for how much the Judge consider that might affect my case.  

jilly

Maybe you should post this on Soc's board.

WIth that said, lots of people use "sex toys". If she brings this up in court she's just going to embarass herself!

Tennessee Dad

Thanks for your response!  I did post some of this on Soc's Board a while back, and I hate to bother him again.  He said not to worry about it, but I am worried.  Her intent is purely to embarrass me; she really doesn't care how bad she looks.  

Well, I guess I'll just have to wait it out, and see what happens.  I was just looking for some input from people that have been through a custody trial, and how much the Judge is willing to listen to, other than about the child.  

janM

I think anything that happened before the divorce is useless, she did not bring it up then so it's a non-issue.

And as long as you are not exposing the kids to anything, what you do (or did) in private is nothing the judge will be concerned with. Not unless you were convicted of something.

Check with Soc or your attorney.

Peanutsdad

Court is about what can be proved. Not about he said/she said.

If there is no documentation, then as far as court is concerned, its nothing more than unsupported allegations.