S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Husband fighting for custody....claiming unstable mental state, federal charges  (Read 6689 times)

ksmarks

  • Jr. Member
  • **
  • Posts: 111
  • Karma: 3
    • View Profile
In rereading your original post - you say that your ex is claiming that he is going to bring you up on fereal charegs, unless he is a federal prosecuter, he is just blowing hard.... I think most of us has said crazy things when we were divorcing, and that what it souds like he has done. If your attonrey is not worried I would not be either.
 
 Good- Luck and keep us posted as to how you make out.
 
 
KSMarks


Kitty C.

  • Moderator
  • SuperHero
  • *****
  • Posts: 2612
  • Karma: 938
    • View Profile
'i am basing it on the fact of how eye witness testimony convicts people of crimes everyday. hearsay i always thought was having someone actually not witness an act but give an opinion on what they may have heard. for instance, abuse, neglect of a child. Do you believe a court would not allow eye witness testimony to these factors? I never said they will allow someone to diagnose a person, but if someone is mentally ill that can fall under both examples i have put down for testimony. I wouldn't walk into court just figuring they can't use it unless of course my lawyer advised me not to worry about it. thats also why i said talk to your lawyer first and foremost.'
 
grtdaddy, you're talking about the difference between criminal and civil.  What you're talking about certainly can happen in criminal court.......but family law is in civil court, which has vastly different rules regarding evidence and hearsay.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

trystero

  • New Arrival
  • *
  • Posts: 46
  • Karma: -1
    • View Profile
In rereading your original post - you say that your ex is claiming that he is going to bring you up on fereal charegs, unless he is a federal prosecuter, he is just blowing hard.... I think most of us has said crazy things when we were divorcing, and that what it souds like he has done. If your attonrey is not worried I would not be either.

Good- Luck and keep us posted as to how you make out.




Yes and no.  There is a long list of possible civil rights that have been leveraged in court, I'm talking United States Codes regarding things like 'due process', freedom from government intervention, etc.  There was a case in Teneessee i think where a Dad appealed his very restricted parenting time on the basis that the order violated is federally granted civil rights.   I don't know the outcome of any of these types of appeals.  Technically he can file a Motion for Appeal based on these federally granted rights, but that would elevate things to federal court, etc..  I don't think they would come into play in County Court.

Just my opinion and understanding, NOT legal advice.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.