Me and my ex-wife have two children together (9yr old daughter & 5 yr old son). In June/July 2020 she took me to court

Expert's Assistant chat
Customer: Me and my ex-wife have two children together (9yr old daughter & 5 yr old son). In June/July 2020 she took me to court accusing me of being an abuser. Her accusations did not have any evidence and I was awarded the children's primary residence. We had joint custody but with primary residence with me. Every other week the kids were to visit their mother's from Friday 10am-Sunday 5pm. The kids are homeschooled. Between Sept 2020 - Feb 2022, she made petitions and motions to have that order changed. Each time her motions were dismissed because of lack of evidence. She made another petition and motion in the past few months. Again accusing that the kids are abused and mistreated under my care. The kids are homeschooled and she made allegations that their education isn't being take care of properly. Anyway there was trial set for Dec 29th 2022. I had everything prepared and all the evidences ready to show that everything she was saying was false and the kids themselves are happy with the set up that's been in place since Sept 2020. I was never given a chance to defend myself as the Defendant. I walked in...her attorney and my attorney talked about a deal...my attorney told me apparently the Judge was going to change things to 1 week with me and 1 week with their mom. So either I take that or the best that can happen is 2 weeks on and 2 weeks off. I was really confused where all this was coming from. My attorney never told me there would be offers made. Even when we spoke the night before, she did not tell me anything other than advise on how to be prepared for the trial. No trial occured. And I lost my days with my kids. On Thursday Dec 29, it was ordered that it will be "shared residence" for the children with 2 weeks with dad and 2 weeks with mom.
JA: Has a petition to modify custody been filed?
Customer: By who?
JA: What is the basis for the custody modification?
Customer: Mother of children alleged that kids are mistreated and not educated properly with me. But I though there would be trial and the burden of proof would be on her to prove why kids should lose primary residence with me. That did not happen
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That is the overall situation, but ofcourse little details here and there can be mentioned later. But this is the main issue.
Answered by James Daloisio in 4 mins 4 months ago
imglogo
James Daloisio
10+ years of experience
logo

33004 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
James Daloisio
logo
logo
33004 Satisfied customers
logo
10+ years of experience
imglogo
James Daloisio
10+ years of experience
logo

33004 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

James Daloisio, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service.

img

James Daloisio, Expert

Usually I don't do phone calls, so try to discuss all your issues here prior to ordering, as another expert will respond to a phone request.

Customer
Let me know if you had the chance to read my initial question where I gave some detail about what my situation is
img

James Daloisio, Expert

You are still able to file a motion for modification to change the terms. Remember the mom can allege anything but proof by a preponderance of the evidence is required to be effective in court.

Customer
I also am surprised why my attorney just didn't back things up like I thought she would. I was fully prepared for the trial but she just said "Here's what's being offered..."
Customer
i just lost my days with the kids without her allegations being proven or not
Customer
No trial happened and all what my attorney said was - the judge is ready to change the order to 1 week and 1 week, so i suggest you take 2 weeks and 2 weeks so you get more time continously as well
img

James Daloisio, Expert

If you can get 2 and 2 that should be acceptable, no?

img

James Daloisio, Expert

If you have any follow up questions please let me know.
img

James Daloisio, Expert

You are very welcome. Thanks for visiting Just Answer, and have a great day.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer