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Hide on Bush · #1 01-18-2022, 09:55 PM

I am the parent with full custody and majority parenting-time.

ex is trying to claim that my son doesn’t live with me and I only see him EOW.

Using that to ask for joint custody, majority parenting-time and for my son to live with him.

He has not, and refuses to provide any proof to back up his outrageous claims.

I have a security system and have downloaded every video showing when my son has been home from the day my ex claims he stopped living with me until present. These videos CLEARLY show my ex is lying.

Obviously I can’t just submit the 5gbs of videos, and I am collecting evidence continually, but I’d like to submit something, on record, showing this in attempts to have him and his lawyer back off with their claims.

DHTO · #2 01-20-2022, 09:24 AM

Quote:

Originally Posted by thgink9-

Obviously I can’t just submit the 5gbs of videos, and I am collecting evidence continually, but I’d like to submit something, on record, showing this in attempts to have him and his lawyer back off with their claims.

I would take still frame screenshots for once or twice a day for 14 consecutive days. Submit that for 2 months would clearly show more than EOW.

rockscan · #3 01-20-2022, 10:11 AM

I don�t know if you really meed to go that far. Wouldn�t it simply be a case of �I have reviewed the affidavit of the applicant and disagree with his statements in items xyz. As per the attached registration documents attached as exhibits abc, our son�s primary residence is my home and he resides in my car save and except for the times he is with his father at xyz address. My parents, his maternal grandparents, provide after school care on a limited basis and our son spends time with them periodically which may include overnight visits. He does not live with anyone other than myself.�

Technically the onus is on him to prove his statements and most judges are grandparents themselves so they will accept that a child spends the night with them. I think you are letting his claims get to you. Plus when you have your first conference, the judge will give an indication on what they feel needs to be seen.

pinkHouses · #4 01-20-2022, 10:26 AM

Quote:

Originally Posted by rockscan

. Plus when you have your first conference, the judge will give an indication on what they feel needs to be seen.

In my experience this may not happen so to ensure it does how is the subject brought up by Thgink9?

Earlier in another thread it was either Tayken or Kinso that stated not to rely on the onus being on the other side to prove something.

Is this going to the OCL? They view video and take notes, they write a report. That is evidence.

StillPaying · #5 01-20-2022, 01:35 PM

I think you're getting ahead of yourself. Affidavits are for specific motions - you can make them and serve them, but won't be able to file it without an upcoming hearing.
Wait for your ex to actually bring a motion with their material, then respond accordingly.

Tayken · #6 01-21-2022, 12:35 PM

Quote:

Originally Posted by rockscan

I don't know if you really need to go that far.

When a poster, like this one, is so anxious about specific evidence and has the strong need to respond... Scatters and tries to defend themselves... I often get the sense that there is truth to the allegation...

Like that she has been having her son live with her parents or that her son is spending a significant amount of over-nights with them.

My view, its really a nothing burger of an allegation. But, the OP is focused on it. So much so that it could be true... and is seeking advice how to cover up the reality of the situation.

I mean, its an easy allegation to address if not true. But, if true... its a whopper.

Easiest is to have her parents both swear a simple affidavit stating the exact schedule for which the child has been with them. Start time, duration and when the child departs.

But, when faced with an affidavit and the nice warning that its an offense to swear a false affidavit... her parents may have abandoned her. Despite parents loving their children... many will NOT lie for their children when they could face serious penalties... even criminal.

1. The Father has alleged that our son, , resides for the majority of time with my parents, .

2. Please find in Tab of the continuing record the affidavit from my mother, Full Name, sworn on date X where she explicitly states in para. - :

. My daughter's son, FUll Name, born on Date, does not reside at my home located at, address.

My Grandson has resided over-night with me on the following dates:

a. Date
b. Date
...

3. Repeat for Grandfather...

rockscan · #7 01-21-2022, 01:13 PM

I find with a lot of people who are terrified of losing their kids (even with no reason for it happening) they get overly emotional and believe it will happen. I have a family member going through this right now terrified if custody was argued they would lose the kids because their spouse has suddenly decided to step up. I keep reminding them to think rather than feel.

Brampton33 · #8 01-21-2022, 02:03 PM

Agreed. This is not tough allegation to dismay. Yet OP has gibabytes of videos to disprove allegation. If it were a non-issue, OP would just shrug it off.

Hide on Bush · #9 01-21-2022, 02:20 PM

Quote:

Originally Posted by Tayken

When a poster, like this one, is so anxious about specific evidence and has the strong need to respond... Scatters and tries to defend themselves... I often get the sense that there is truth to the allegation...

Like that she has been having her son live with her parents or that her son is spending a significant amount of over-nights with them.

My view, its really a nothing burger of an allegation. But, the OP is focused on it. So much so that it could be true... and is seeking advice how to cover up the reality of the situation.

I mean, its an easy allegation to address if not true. But, if true... its a whopper.

Easiest is to have her parents both swear a simple affidavit stating the exact schedule for which the child has been with them. Start time, duration and when the child departs.

But, when faced with an affidavit and the nice warning that its an offense to swear a false affidavit... her parents may have abandoned her. Despite parents loving their children... many will NOT lie for their children when they could face serious penalties... even criminal.

1. The Father has alleged that our son, , resides for the majority of time with my parents, .

2. Please find in Tab of the continuing record the affidavit from my mother, Full Name, sworn on date X where she explicitly states in para. - :

. My daughter's son, FUll Name, born on Date, does not reside at my home located at, address.

My Grandson has resided over-night with me on the following dates:

a. Date
b. Date
...

3. Repeat for Grandfather...

Quote:

Originally Posted by Brampton33

Agreed. This is not tough allegation to dismay. Yet OP has gibabytes of videos to disprove allegation. If it were a non-issue, OP would just shrug it off.

Thank you both. Honestly it was the emotional impact of having those claims thrown at me that got me going.

I have consulted with various lawyers through free sessions and based on the video evidence I shown them, they told me just to refute the claim and when it goes to trial, just throw all of the videos at them and seek costs based on my offer to settle and the fact I had provided them the videos prior to even a CC and they are ignoring them.

I am honestly no longer worried about this, its more about how to I present the evidence properly.

StillPaying · #10 01-21-2022, 02:34 PM

No one is going to sit through hours of videos and providing screenshots of random times does nothing to prove your case or disprove ex. Until ex provides proof/dates, then you can attack that. Until then an affidavit, properly written, by you and parents would be enough.

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