Access to evidence, legal advice appreciated

[LongWayAround]

Step 1: If you get accused of something like this, don't tell anyone other than your attorney.

Step 2: If you don't have an attorney, get one.

 

[RockAndSage]

Yes, this is one definite possibility. Especially when people are going for sole custody. Trying to take a woman's kids away puts her in a totally irrational state (irrational even for a woman). Expecting a person to behave morally and honestly in that situation is like expecting a cornered rat to just lie down and die.

When I went through my divorce, I wasn't thinking of seeking sole custody, but my extended family wanted me to do that. So, I asked about it. My lawyer heard all the things I had to say about my ex- (none of them in the realm of child abuse, dangerous criminal behavior, or hard drug addiction). Then she calmly informed me that "hell hath no fury like a mother defending her young" and told me that even if everything I said was true, I shouldn't consider seeking sole custody. Because if I did, I would almost certainly get hit with false accusations of spousal abuse, marital rape, molesting my step daughters, etc. Even if I proved it was all a lie, the taint would linger around me forever. And that, unless it was truly a matter of getting my daughter out of the hands of an abuser, it wasn't worth the misery. So, we agreed to joint custody and I ended up caring for my daughter 80% of the time while her mother went off and did her own thing.

**Lawyer hires lawyer to be his lawyer in a court of law.**

That says everything anyone ever needs to know about whether to hire a lawyer.

 

[tony]

Yes, this is one definite possibility. Especially when people are going for sole custody. Trying to take a woman's kids away puts her in a totally irrational state (irrational even for a woman). Expecting a person to behave morally and honestly in that situation is like expecting a cornered rat to just lie down and die.

When I went through my divorce, I wasn't thinking of seeking sole custody, but my extended family wanted me to do that. So, I asked about it. My lawyer heard all the things I had to say about my ex- (none of them in the realm of child abuse, dangerous criminal behavior, or hard drug addiction). Then she calmly informed me that "hell hath no fury like a mother defending her young" and told me that even if everything I said was true, I shouldn't consider seeking sole custody. Because if I did, I would almost certainly get hit with false accusations of spousal abuse, marital rape, molesting my step daughters, etc. Even if I proved it was all a lie, the taint would linger around me forever. And that, unless it was truly a matter of getting my daughter out of the hands of an abuser, it wasn't worth the misery. So, we agreed to joint custody and I ended up caring for my daughter 80% of the time while her mother went off and did her own thing.

And this is why I’ve never married and got clipped after one kid.
Just not worth the inevitable troubles.
Young guy I work with is going through a custody issue now. And it’s funny, the females try and ruin the father, run legal fees through the roof, and then either toss the kid off to dad anyway so they can run the streets. While pissing and moaning about how hard it is to be a “single mom.”

 

[Pulleye16]

…and what was he arrested for the first time????

 

[timberland]

…and what was he arrested for the first time????

burglary when he was 19, ten years ago

 

[Laramie]

Last week someone I am close to had the following happen:
Background is that he has joint custody with the mom, but they have never been married. He has a conviction from about 8 yrs ago, but has not had any issues, is off parole, and has been a great Dad. The mom has family in law enforcement has a personal friend that is an investigator. My friend and her don't get along, and both are trying to get sole custody.

Last week he was picked up by the local PD, they told him he was not arrested, but he was put in jail overnight, the jail roster said he was arrested for charges of child pornography. right after they picked him up, they entered his house (they had a search warrant) and confiscated all his electronics. This is based on a tip they received. His fiancé was called at work and told her she needed to get home ASAP, where she was interviewed by the PD, and was shown pictures, was asked if they knew anyone in the pictures, and stated that if there was enough evidence to make the "non-arrest" that there would be charges filed and he was looking at a significant prison sentence, and that the fiancé needed to get her affairs in order, was referred to a victims support, etc.
The next morning he was released after the DA and/or Prosecutor decided not to charge him. He asked multiple times for an attorney and was denied. All he was told is that its an ongoing investigation, and they would be in touch.
So now his life is in turmoil, public documents showing he was arrested for child porn, worried that he's going to lose the kids and his fiance, has no access to how or why this happened. One of the PD officers said that this has happened before (I suspect with chasing IP addresses, etc.)

He is contemplating pursuing legal action. Do you think he would have a case? what would you do? The whole deal sounds pretty fishy. This is in a small town, where everyone knows each other, too.

You are in a tough spot - best advice I can give you is to keep the whole situation at arms length. Your buddy man be innocent but until it is proven, make sure you don't get involved. As others have said, encourage him to get a lawyer.

 

[LongWayAround]

And this is why I’ve never married and got clipped after one kid.
Just not worth the inevitable troubles.
Young guy I work with is going through a custody issue now. And it’s funny, the females try and ruin the father, run legal fees through the roof, and then either toss the kid off to dad anyway so they can run the streets. While pissing and moaning about how hard it is to be a “single mom.”

That sounds a lot like the stories I hear from my lady about one of her friend's custody battle.

This chick essentially ruins this guy's life, convinces him to sell property, move, etc. The moment she finds out she's pregnant, she quits her job and makes him the single income. Now, she wants full custody so she can move. Her current job... delivering groceries. First round of court battles failed... her lawyer suggests they try again. Unfortunately, it's the kid that loses.

 

[TSAMP]

You guys realize this is basically a soap opera, right?