Parental resposibilties case,i understand it is my job to disprove all allegations towards me in the best intrest of the child,How do I address the court about my childs and my rights without making it about the other party?
I am not sure why you believe that it is your responsibility to disprove allegations against you. When someone makes an allegation against you in any proceeding, they normally have the burden of proof - whether beyond a reasonable doubt (criminal), by clear and convincing evidence (dependency and neglect case), or a presumption of the evidence (civil case). Is there some type of dependency and neglect case that has been brought against you? You can definitely address the court about your child's best interests - which is the Court's primary concern - instead of getting into a "blame game" with the other party. As a former judge, nothing is more frustrating than both parties saying that the other parent is a terrible human being and worthless, as one of the primary concerns for the Court is to see if each party can encourage a loving relationship with the other party. Because THAT is ultimately what is in the best interests of the child.
I am not sure what you are referencing about rape, abuse and blackmail? It is unclear as to whether you were subjected to that. If so, and it occurred in front of the child, that is definitely a concern for the judge in determining parental responsibilities. Or, it could be that you are claiming that the opposing party is accusing you of those allegations? It is simply unclear.
This is you child. A parental responsibilities case oftentimes has more of an impact on one's life than many criminal cases. You definitely need to consult with an attorney in your area. Otherwise, given your concerns and the high emotions that are apparent in this case, you definitely need a good and effective family attorney.
Excellent response by Mr. Leroi. The question you ask is simply too complicated to cover in a public forum like this, because the answer depends on the specific claims being made and the "facts" being offered in support of those claims. Some of the claims being made may not be relevant to parental responsibilities issues.You need to sit down with a competent family law attorney and discuss this matter in detail.
The goal is not to disprove all allegations. The goal is to convince the court that your proposed parenting time arrangement and allocaiton of parental decision making is in the best interests of the child. That is the goal you need to focus on.
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