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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-18-2022, 09:55 PM
Hide on Bush Hide on Bush is offline
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Default What would be the best way to word this affidavit for evidence

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.
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  #2  
Old 01-20-2022, 09:24 AM
DHTO DHTO is offline
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Quote:
Originally Posted by thgink9- View Post

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.
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  #3  
Old 01-20-2022, 10:11 AM
rockscan rockscan is offline
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I dont know if you really meed to go that far. Wouldnt 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 sons 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.
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Old 01-20-2022, 10:26 AM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by rockscan View Post
. 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.
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Old 01-20-2022, 01:35 PM
StillPaying StillPaying is offline
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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.
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  #6  
Old 01-21-2022, 12:35 PM
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Quote:
Originally Posted by rockscan View Post
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...
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Old 01-21-2022, 01:13 PM
rockscan rockscan is offline
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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.
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Old 01-21-2022, 02:03 PM
Brampton33 Brampton33 is offline
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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.
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  #9  
Old 01-21-2022, 02:20 PM
Hide on Bush Hide on Bush is offline
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Quote:
Originally Posted by Tayken View Post
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 View Post
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.
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  #10  
Old 01-21-2022, 02:34 PM
StillPaying StillPaying is offline
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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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