For an evidentiary hearing in divorce court for custody and sole pocession of family home who are the best witnesses to use? Each side has hour and half to present so are written depositions allowed as well? Husband was gone 11 months & returns out of the blue with order for me to be removed due to court date I missed nor knew I had so by default he got the order, new judge set aside and husband's side turned in 114 page opposition claiming I'm insane, drug addict, behavior is dangerous etc, stuff I've never heard in the 16 yrs we've been married and he now wants full custody of 12 yr old son and I'm displaced and so confused. We are allowed witnesses so who will help me the most because I am a good mother he even said I was after hearing, all of this is out of spite because he was caught cheating.
1 Answer from Attorneys
I don't know you are thinking of doing this without an attorney. My common statement is, "Do you think I can do your job tomorrow without any training?" This involves things that are very important, you children and your house and will affect you for the rest of your life.
He is making allegations that you can rebut just by calling friends as a witness saying you are a good mother.
Unless his mistress has negative interaction with your son, the judge will probably not even consider the affair.
Does your job subject you to random urinalysis? If so, bring in the employment manual and if there is no manual available, get your supervisor or higher ups to testify. They have 114 pages so you need to have a lot to refute that.
I would beg and borrow to get money to hire a lawyer and get the best lawyer you can afford. If there is a big difference in your incomes, the judge could order your husband to pay your lawyer fees, but don't expect a good lawyer to take your case for free and have him wait for the money. Good lawyers don't need the business that bad.