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Apr 07
2005
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Ask a Lawyer: Father Filing For Full Custody, Now Being DeposedPosted by: Dads Divorce on Apr 7, 2005 |
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Question:
I have been divorced for over two years. As of September of 2006 I filed for full custody of my 11 yr old son and 8 yr old daughter. I have always been active in the classrooms, PTA and extra-curricular activites. My ex is involved in none and continually makes poor decisions regarding the children. (ex. She bought a 2 bdrm townhome because it was a "good investment") This home cost the same as my 3 bdrm, 2 bth, 2 car garage home in a cul-de-sac with almost 1000 more sq ft. The children Always complain about inconsistancy in their lives not including medical issues that she does not properly address. Since I filed for custody, she has tried to become "Super Mom", tried to get involved in the kids lives, involved in school and she had her boyfriend move in to try to show "stability", of which I found out that he has been unemployed since January. My attorney keeps telling me we are in a very good position and I just found out that the Amicus has made positive feedback regarding meeting me and negative feedback regarding my ex to my attorney. My discovery was very lengthy and included hard documented facts of everything that I have issues with and my testamonial list includes several teachers and principals among others. My question is that my ex's attorney is set to give me a deposition and I am seeing that the people that will attend are my ex and her attorney, my attorney and the amicus. I have been told that I will be questioned by the opposing attorney, my attoney and the amicus. I am nervous because everything I have been told about this is that it is about the attorneys strategizing questions to trip me up, make me nervous, confuse me, bleed more info from me, demorilize me and to find weak spots like angering me. I am told this deposition is a good sign and shows that they are grasping for straws. I am however very nervous and have concerns as to me, this is my life and to these attorney's I am being told that this is the fun part for them to be able to make or break a case in a game of wit. I have been told to keep my answers to 5 words or less. Don't show any emotion. Be sure to show confidence with every answer and to ensure that questions asked in multiple forms are answered the same exact way. I have been through military review boards, of which I excelled, but I am having difficulty dettaching the emotional portion, that I believe is required in order to get through this. I have a week and a half to prepare and I wanted to know if there was any other helpful advice for this deposition. And/or if there are any support web sites specifically for this situation. I appreciate my attorney but feel that I should also be looking for other advise as well from different perspectives. Thank you.
Answer:
First let me say I am not licensed in Texas. However, depositions are discovery tools that are frequently used. It sounds like your attorney has prepared you. The most important thing to do in a deposition is tell the truth. Keep in mind that it is under oath and can be used at trial. Also remember it is not a trial. You attorney is right that you want your answers to be consistent. It will be more important for your testimony at trial to be consistent with your deposition. If you tell the truth this should not be a problem. Depositions can also be helpful to you. You will have a better idea of what the other side's strategy is. You can go to the dadsdivorce.com forum and tell the members what you are getting ready for and they will be able to help you. Sign up for the forum and make sure to check your spam folder if you do not receive your confirmation within a few hours. This forum was built for men facing divorce.
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written by Anthony Wade, February 24, 2010
I am a married man with three minor children all under the age of 5 years old. My wife and I have been going through a lot, but I want to know what I need to do legally. I am not saying that all of our marital problems are one-sided. I have had my faults, but I have tried to rectify the situation time and time again to no avail. I work a full-time job when my wife only works 2 or 3 days out of an entire month. Whenever we have a disagreement or things do not go her way; she calls the police on me stating I have assaulted her. I have moved out, but I want to know how I can get custody of my children. My wife in my opinion has some type of mental disorder. I am not saying that to get a leg up as far as custody but something is seriously wrong with her and she will not get evaluated. I love my children. I am the one who cook, cleans, and tends to the childrens daily needs while she lays around in the bed!! Like I forestated, she only works 2 or 3 days out of an entire month and instead of her doing her maternal duties she sends the two youngest to daycare! Why? When she is at home. Who is paying for the daycare? Social services! Money that I am going to have to pay back and for what. We were living in the same house and she is receiving assistance from social services without my knowledge and now I do not know the ramifactions of that on me as far as getting the money paid back. I need some help ASAP!! I am not rich and I do not have a lot of money for an attorney, but I need and want my kids.
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