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Should my fiance put me down on his witness list for his custody battle?

Posted by on Jan. 14, 2013 at 12:45 AM
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My fiance's son has lived with us for a little over 3 years now. He took his ex to court last Feb and they agreed in mediation that SS would live with "DH" and BM would get visitation time. They do share joint legal custody though.

Well she has made it clear she has no intentions on abiding by the rules they agreed to in the mediation papers. Due to this and some other stuff he is taking her back to court next month. My question is should I be put on the witness list? I have been in SS's life for 5 years now. I am well-aware of things that go on, and like I stated earlier he has lived with us for over 3 years. I can attest to her not following the mediation papers, her lack of communication, her abusive language and the fact she has attacked me before.

Or should I steer clear so as to not get too emotionally involved on the stand? I am afraid I could say something that would hinder my "DH"s chance rather than helping him if I get too opinionated. Any other SMs been a witness in a custody battle?

by on Jan. 14, 2013 at 12:45 AM
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Replies (1-4):
momof2ex1
by Ruby Member on Jan. 14, 2013 at 12:54 AM
I would stay clear. It's not your battle. If his lawyer wants to call you as a witness then that is one thing. You are not a neutral third party. You are biased because of your relationship.
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kbubblez
by on Jan. 14, 2013 at 1:06 AM

Very true... he has no lawyer unfortunately. I was moreso a witness to her bahavior and her lack of effort in getting their son for her visitation.

tottaxi
by Bronze Member on Jan. 14, 2013 at 1:15 AM

If your fiance had an attorney who asked you to appear that would be one thing, but I don't think that your fiance would be able to properly question you and it would be disasterous.  The way my hearings have gone there is very little opportunity to speak freely.  The questions are specific and usually answered with a yes or no.  I wish that there was a way to properly tell the "story" so that the judge gets the whole picture, but it just doesn't go down that way.

He really needs an attorney.  They are expensive and are irritating as hell, but they do know the way the game is played.  Not very many of us can be as effective in court.  Encourage him to find a way to hire one to represent him.

SammyJK
by on Jan. 14, 2013 at 1:18 AM
Im not sure how "credible" your testimony would be considering who you are, ya know? Consult an attorney maybe.
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