I am a step-mom and my husband's ex-wife filed a motion for modification of child visitation to remove my husband from visitation citing that it was too stressful on the children to come see us during the summer. The lawyer has since met with one of the children in her office with the child's mother and questioned her about what she talks about in her counseling sessions. The mother's lawyer then dispatched a letter to my husband without including the court. The letter has some untruths in it and she closes with an assumption about corporal punishment. The lawyer nor the mother have ever discussed corporal punishment or the lack thereof with my husband. My husband and I have never hit the children or used corporal punishment on them.
If the motion for modification has been filed and you disagree you must provide your response to the court. You should hire an attorney to help you respond to the motion for modification and to fight any allegations of abuse. Otherwise, you risk the court assuming you agree to the modifications or that they make a judgment/ruling based solely in the information provided by the ex and her attorney.
Please be advised that the courtesy information being provided to you is generic and based on a very limited exchange of information. No attorney-client relationship exits. You should contact an attorney in your community for a thorough evaluation of your legal rights and obligations and how they apply to your specific situation.
You have 15 days to file a response to the motion. How information is obtained from the child and its veracity can be challenged at hearing. The moving party has the burden of proof and many courts utilize a custodial evaluator or guardian ad litem to obtain the child's perspective. The attorney does not represent your husband but it appears she is contacting him to determine his position. Be aware your husband has the right to request discovery from opposing counsel to prepare for hearing. Thank you for posting this question.
It is important to know that without doing a full intake, assessing all facts, this information is only provided to help you explore the legal questions. In no way should you rely upon this information as advise and their is no attorney client relationship or protections that go with such relationship, to include attorney client privilege, and as such, you are encouraged to seek the advise of local consul or our firm at an intake so we can fully assess you case. Our firm only practices in the State of New Mexico and as such, our knowledge stems from our practices and rules out of our State. The information we provide is legal information for you to confirm with an attorney that you seek to hire.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline