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where to deny false accusations in her "Claim for Custody..)

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  • where to deny false accusations in her "Claim for Custody..)


    Can somebody advise me in the following matter?

    in the "Affidavit in Support of Claim for Custody or Access" form my ex accuses me with trying to kill our cats in the section "I'm aware of the following violence or abuse...".
    Where can I deny these? In the same section of my "Affidavit in Support of Claim for Custody or Access" (I'll ask for sole custody) or in the form 10 answer under the "important facts that form the legal basis..."


  • #2
    whoa! Did you get a a lawyer yet?


    • #3
      No. Is it impossible to fill out these 2 forms without a lawyer? Yes, I know that a lawyer would fill them out happily for a few thousand dollars, but I thought this forum would help me in these things.


      • #4
        You are not hiring a lawyer for his/her exceptional penmanship. I believe you would benefit from the advice on how best to fight this fight. (off he goes, tilting for sole custody because that is what is ex is asking for, hee haaa!)


        • #5
          The only thing worth fighting for is the sole custody. Everything else like child support/spousal support depends on that. So yes, I'm going for the sole custody. If our case gets to the trial, I might get a lawyer for that. Before trial I don't think so.
          So can anybody answer my original question? (please, I have to file the answer on Friday)


          • #6
            Child support does NOT depend on sole vs joint custody. It depends on
            - whether one parent has the child 60% time or more (vs both parents having within 40-60-% time).
            - each parent's income

            If you are not going to get a lawyer, then AT LEAST educate yourself! Perhaps you could start by reading the Federal Child Support Guidelines here
            Last edited by dinkyface; 05-17-2010, 11:36 AM.


            • #7
              thanks for the information. As without the sole custody I will have 2 hours access to my daughter biweekly, in practice it means that the SS/CS depends on the sole custody in my case. I've read that guide, but of course I'm a newbie, separated just a few months ago, so any idea/advice is useful for me, even just as a starting point of my further questions/reading.

              but please, if anyone knows/have an idea answer my original question, or if it is just too dumb and worthless to answer let me know, I'll try to figure out myself.


              • #8
                What you do is that you make your own affidavit to deny her allegations. You can address each allegation in a separate paragraph, in which case you literally refer to her affidavit and quote paragraph numbers. Or, you can simply deny all of her allegations in general by adding one paragraph saying "the Respondent (assuming its you) denies all allegations of blah, blah, blah made by the Applicant in her affidavit dated so and so. If there are some serious allegations then you may want to address them individually as well after the general denial. If you have any evidence to support your affidavit make you attach it and reference it as "appendix A/B/C....".

                You may want to do some research on how to write the affidavit before you begin.

                Good luck.


                • #9
                  Thanks for the meaningful answer! I've found the affidavit form.


                  • #10
                    I asked about the lawyer because you mentioned she accused you of trying to murder your cats. That is something serious. If she has made several allegations of abuse you should get to a lawyer quick. Regardless of whether it is true or not.


                    • #11
                      Even better. I've spent 3 days in jail because of her false domestic assault/threatening death accusations. For that criminal case I needed a lawyer, because the crown attorney didn't talk to me. I have the (hopefully last) court date on Thursday when all the charges will be withdrawn, so on Friday I can file my answer without a pending criminal case. Nice eh?


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