need help bad! question about family law?
so here is the deak… my girlfriend is going through a rough divorce. and now her soon to be ex husband is trying to use facebook communications between her and i to say that she had been seeing me before the divorce had been intiated and to try and say that i would endanger the well being of her daughter…. yes there is a custody battle… she and i and her lawyer think that this is a tactic to take the focus of his raging alcohol abuse issue. can this be used against her in court and would the judge even it allow it in court?
here is the thing… she and i didnt meet until dec 1 2008 and she was legally separated nov 8th 2008…. from that time her divorce was well on its way…. outside of that she and hang out on the weekends when she is with her father and when she is with her she and i and the baby go to church and we may go to the park and play…. there is absolutly nothing that he could use against me or her…. right?
i do know and have seen documents that show he has been sent away by court order to rehab for alcohol abuse and we have been going to his house on thursdays..( trash days ) and going through the trash( per her lawyers advice) and we have consistently found between a case and three cases of beer per week.
5 Responses
Joy
01 Jun 2010
~*Flick*~
01 Jun 2010
If there is proof then the judge will use that, for what it really depends on how it is presented etc. If she was talking to you and cheating on her husband before it was clear between then that is was over, there can be an issue. But that doesn’t mean the judge will just take the daughter from her and give her to the husband. The judge will determine who is best to care for her. Did she flaunt her affair in her daughters face and so forth, does she care properly for her daughter or not. Now, her being in a new relationship doesn’t put the daughter in danger the way and alcoholic father could. Judges don’t always look at things in black in white.
Katie P
01 Jun 2010
yeah it can, ecspecially if he has a runchy lawyer, lawyers like that find anything on the ex to use against her, just be careful what you say or do, don’t give her ex the satisfation of winning the custody fight. good luck….I hope she wins….
Love Me or Hate
01 Jun 2010
It depends on the laws in your state… some states have adultery laws and some don’t. It definitely won’t look good on her either way but him being alcoholic and abusive is soooooo much worse than her being an adulterer.
Sue C
01 Jun 2010
I can truly say in all honesty that a Judge would NOT take the "word" of what is stated in Face Book as any kind of a legal document! NO WAY in this world! In all honesty, can’t you just "picture" an atty. getting up to the witness stand stating he was quoting something that was stated in Face Book?! I feel he would totally be laughed out of the court room. IF her husband is honestly saying such a ridiculous statement, then he too needs his head examined! NOTHING but NOTHING is going to "take away" any issues of alcohol abuse! Just the very mention of the words of an "abusive alcoholic" are strong enuf words for a Judge to come to his own conclusions regarding her/his case. Do NOT even think such a thing would even be mentioned, especially in the same breath of an abusive alcoholic. I’ve been THERE, been to court on alcohol abuse. It is looked upon VERY UNFAVORABLY by ALL Judges. Trust me on that for SURE. NOTHING but nothing is going to "take away" from the "facts". Especially when she’s dealing against what she is. Domestic violence & alcohol abuse are two VERY controversial situations for divorce & problems between couples, & they are NOT taken litely whatsoever. I’ve been there & have gone thru it, so I’m speaking from first hand knowledge. She WILL be OK. Don’t let him tell you differently, because these are only things he could "wish" to happen as they WILL NOT. I do wish you all the best…:)
I am not real sure. But even if she was unfaithful that doesnt mean that she isnt a good mother and it shouldnt be used against her. I would just pursue the fact that he is an alcoholic that does affect his parenting skills