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Sun 10 Jul, 2011 07:21 am
Me and my ex husband have been divorced for 8 years and whenever child support is reviewed he tells me that I'm practically everything under the sun and then threatens me with taking me to court to take my daughter away from me, who I have sole custody of. In April, I received papers from his lawyer that he wanted sole custody, I wad able to compromise with him and he dropped the case. I just got papers again from him wanting joint custody and he has told me, which I have recorded, that if I don't sign these ones that he'll take my daughter and I'll never see her again. Would that be considered signing the doc under duress?
P.S. I can't afford an attorney so if it went to court I'd have togo pro se and represent myself.
First of all, why aren't you eligible for Legal Aid?
Secondly, it is highly unlikely that any judge would award him sole custody based on the facts you've told us. You've had custody of your daughter for the last 8 years. Judges don't want to upset the apple cart, and unless your ex can prove you're an unfit mother, I don't see him siding with your husband.
Thirdly, funny that it's always tied to his child support, isn't it? I hope you're keeping a written record of all this, in case you do have to court.
Fourthly, what's wrong with joint custody?
Fifthly, you obviously can't trust the guy. You made some sort of compromise, but he reneged and has served you with papers.
I would try for Legal Aid. If you can't get it, see if you can get some free legal advice somewhere - go online and check out the current laws on this or case precedents in your state. There is information out there on current maintenance support, etc. A2K is not the place for that. Just do a bunch of googling. It's all online for free.
Lastly, once you're armed with that information, you can ease your mind and if you have to, you can represent yourself if you're well prepared.
@catduck,
catduck wrote:
Me and my ex husband have been divorced for 8 years and whenever child support is reviewed he tells me that I'm practically everything under the sun and then threatens me with taking me to court to take my daughter away from me, who I have sole custody of. In April, I received papers from his lawyer that he wanted sole custody, I wad able to compromise with him and he dropped the case. I just got papers again from him wanting joint custody and he has told me, which I have recorded, that if I don't sign these ones that he'll take my daughter and I'll never see her again. Would that be considered signing the doc under duress?
P.S. I can't afford an attorney so if it went to court I'd have togo pro se and represent myself.
Find a public defender. Don't represent yourself. You'll be screwed.
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