Can she use stuff against you:
She could submit a declaration with attachments. Your attorney could object but the damage may have been done as the judge has seen the material and, if you object, has to look at it doubly hard.
Lies:
A witness is a person who lies. That's an old but true definition. Civil perjury is rarely prosecuted.
Childre:
A lot depends on the children's ages. They must be over 10 from what you say. Starting around 12, the courts will usually let the kids testify or the judge will talk with them privately in his chambers so as to make it unthreatening. The older the kids, the better for you.
Her History:
Just as your history is presentable, hers is too. Do not be a wimp about this stuff. Ask that the docs about the mother be sealed for the sake of the children looking in the file later. Yours too.
Outcome:
Based on these facts, I don't see why the judge would change the children's settled life. She has visitation rights but even those are not in stone if the kids don't want to go and are deemed mature enough to make their own decision.
General rule:
Facts here are critical; what you've given are limited and I'm assuming this is California.
I'd be more than hopeful. I hope you have a lawyer.
here's the situation...My spouse has had custody of his children for nearly 10 yrs. His ex has had supervised visitation since. Recently she filed for joint custody (mediation is on 10/13 and hearing on 10/19) She resides in a motel. SHe has paid child support until 8/2004 then we took it to the DAs to handle after she refused to pay. She has multiple personalities, a prison record (a mile long) she makes harassing calls to us daily. We submitted our response. Since she received her copy she has called several times just to annoy us. Her and I were close at one time and now she has it in for me. She was arrested for solicitation 2 yrs ago and I was cited for operating without a license (massage) she has old pics of me she downloaded from my old adult site can she use these against me in court? She also said she worked for me (not true) and may use that lie in court. Would this here say stand? She is also trying to request a childrens advocate..the children don't want to be in the middle and we don't want them to either. Will the judge award her joint custody knowing she has a drug and criminal background? I've been extremely stressed out for months now. Advice will greatly be appreciated
Can she use stuff against you:
She could submit a declaration with attachments. Your attorney could object but the damage may have been done as the judge has seen the material and, if you object, has to look at it doubly hard.
Lies:
A witness is a person who lies. That's an old but true definition. Civil perjury is rarely prosecuted.
Childre:
A lot depends on the children's ages. They must be over 10 from what you say. Starting around 12, the courts will usually let the kids testify or the judge will talk with them privately in his chambers so as to make it unthreatening. The older the kids, the better for you.
Her History:
Just as your history is presentable, hers is too. Do not be a wimp about this stuff. Ask that the docs about the mother be sealed for the sake of the children looking in the file later. Yours too.
Outcome:
Based on these facts, I don't see why the judge would change the children's settled life. She has visitation rights but even those are not in stone if the kids don't want to go and are deemed mature enough to make their own decision.
General rule:
Facts here are critical; what you've given are limited and I'm assuming this is California.
I'd be more than hopeful. I hope you have a lawyer.
I'd like to just ask you one thing: Is having a mother with multiple personalities, a prison record a mile long, etc paying child support really necessary? You might want to make an offer to her to discontinue that for a while.
I think the judge will side with you and against the mother. At the same time, the information and photos about your past will likely make their way to your husband and possibly his children. Even if court proceedings don't accomplish this the ex surely will make it happen one way or another. If you have children with your husband then they may find out as well.
I don't know how much your husband knows about your past, but now would be a really good time to talk to him about it if you haven't already, and to figure out how to deal with the kids when they find out. Learning that stepmom is a former sex worker is not the sort of thing adolescents or teenagers shrug off.