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Post by Denise on Nov 4, 2012 17:25:36 GMT -5
I am a low-income, working, single mother who has had shared 50/50 custody with my ex for nearly four years now.
A year ago he decided to try to get sole custody of my two daughters, ages 9 and 11, but because he didn't have anything legally valid to use against me for a major modification, he made false allegations of child neglect and drug and alcohol abuse.
I am acting pro se, because I cannot afford an attorney and I am TERRIFIED that I will lose my children because of these heinous allegations and my inability to know the right course of action to defend myself.
I am also afraid of how these allegations might affect my future employment. I work in a daycare and I worry that now that such accusations were made in the public record, it could affect my ability to keep and find this type of work. Luckily I have been employed at my job at a daycare now for three years and my current employer knows these allegations are false, but I worry about the future should I need to find another job.
I am also wondering, because it is so rare for fathers to make false allegations of this type, what chance I have that the court will BELIEVE me. I have declarations and witnesses to say that they are false, but the case was still continued at the just cause hearing in spite of that. A GAL has been appointed and I am waiting for the investigation.
Does anyone have any advise?
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Post by Harrison on Nov 4, 2012 19:33:51 GMT -5
If your employer does drug testing that would make for great evidence. If not get one from some place that is accredited so it will be admissible as evidence. It's wrong but the burden of proof is going to be on you and you need to show he's lying.
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Post by Denise on Nov 4, 2012 21:20:59 GMT -5
Yes, I was wanting regular drug testing, but I cannot afford it I called around and the cheapest I could find was $1000!! I cannot afford that. The GAL was supposed to arrange something for me, but she's disappeared.
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Post by Harrison on Nov 5, 2012 10:55:53 GMT -5
first, please become a member. Some info. needed to help may be better off e-mailed. What state are you in? Have you filed a declaration of indigency with the court? This can be done without a hearing. After doing this you can motion the court to order the test. Can the ex pass a UA? NEVER EVER wait for these people to do or not to do!!!!!!!!!!! disappeared?
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Post by Jim on Nov 5, 2012 14:42:38 GMT -5
I agree with Harrison, please join the forum and privately share more info with us. It would help us tremendously, and make it easier for us to help you, for us to actually see the paperwork that has been filed thus far.
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