Questions about answer to petition

[Tennessee Dad]

I have filed a petition for custody; ex-W has now filed her answer.  I would like your opinion, please.

One paragraph states:

"The Defendant would show that the Plaintiff has previously subjected her to harsh physical, emotional, and sexual abuse during the course of their marriage.  The Defendant would show that the Plaintiff has sought to continue to control Defendant's life following their divorce and has unreasonably and repeatedly demanded that she refrain from dating, has unsucessfully sought to persuade Defendant to have a three-way sexual encounter with Plaintiff and Plaintiff's present wife, and has also demanded that Defendant and Child and Defendant's son move in with Plaintiff and his new wife.  Defendant refused such demands, and believes that Plaintiff has brought this unwarranted Petition for Custody in retaliation for Defendant's refusal of such demands."

My response:  The marriage lasted from September til December, 1996.  She left soon after telling me she was pregnant, and moved back in with her ex-H.  There was NO physical abuse.  Sex was adverturous, but consensual.  As for emotional abuse, try living with the fact that your wife is pregnant, living with her ex-, and telling you that one day the child was yours, one day not; and demanding you sign your rights over to her ex-.  My present wife and I have been married almost 5 years; ex- called me a few weeks ago, and asked if we were happy together.  She said if we weren't, maybe we could get back together, and raise our daughter.  

Questions:

1.  Will the Judge allow testimony regarding this, since it has no bearing on the child?

2.  How should I prepare for this?

Thanks for your help!
 

[JT]

I would not sweat it, it is all hearsay. If she has no proof it does not matter. Good Luck, JT

[Tennessee Dad]

No proof, that I am aware of, unless she creates some.  But, it is hard to believe that all this personal stuff will be brought out in public; just embarrassing, to say the least!  

[socrateaser]

>1.  Will the Judge allow testimony regarding this, since it
>has no bearing on the child?

Please post your petition so that I know what you alleged.

Meanwhile your ex's response must (1) admit your allegation; (2) deny your your allegation; (3) state that she has insufficient information to either admit or deny the allegation -- which is the same as a denial.

Your ex's response does none of the three things mentioned above, and the failure to deny an allegation constitutes an admission, therefore she ADMITS the truth of your allegation, whatever it may be. On this basis, you should be able to move immediately for a full custody hearing and evaluation without presenting any evidence to prove that a material change in circumstances exists.

>
>2.  How should I prepare for this?

I suggest a big yawn. PS. Don't discuss the reconciliation issue with your ex, unless she presents it to you in writing. It may be nothing more than a mind game.

[Tennessee Dad]

I didn't post my whole petition, or her whole response.  The first seven statements in my petition were answered either "Admitted" or "Denied" with explanation.  

The paragraph I quoted above was listed as "additional support of her Answer".  My question was related to that paragraph, so that is all I posted.  Sorry, I know I am confusing; but this is all new to me.  I just wonder how much the Judge will allow on this subject, or is it totally irrelevant?  

[socrateaser]

Judges are used to divorce-related crap inserted into legal documents. They usually just ignore it all.

[Tennessee Dad]

That's just what I needed to hear!