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What do you do if you feel bullied or threatened by the other side in a custody battle?
This can happen a lot not only when there is an attorney on the other side and your representing yourself. But when you have a party on the other side who really feels like he or she can get his or her way by threatening, it happens a lot. It could be called interference with the custody case.
I talked to a father who was a potential client on the phone recently and he was very grateful to be talking to me because he was so scared and terrified that he was going to lose all rights to his kids and he was never going to get to see his children again.
His soon to be exwife in the case was telling him what rights he had and the rights that she was saying he had, was no rights to the children. She was telling him things that were not true.
One lie she told him was that like that "everyone" should know that when two parties are going through a divorce that the children need time away from the father to bond with the mother. And because this father didn't know any different, he was afraid the game was over for himself. And the mother was not letting the father see the child or limiting his parental time a great deal. Father's have child custody rights but a lot of times they feel defeated.
What he didn't know was that the ex ie mother was lying to him or either she was misinformed. The remedy to feeling bullied, afraid and overwhelmed and threatened by the other side is to do your research to get information and understanding. The father and I talked for about half an hour on the phone and I explained to him how the custody laws worked in Arizona and about the best interest of the children means. And the types of things that he would need to show in order to get time with his children.
The fact that custody judges want both parents to be involved with their children. After I explained this to him he felt so much relief and grateful as we were hanging up the phone. So just that little bit of information was so helpful to him and he came out of the meeting with a strategy and game plan about how he was going to move forward.
Although he didn't hire an attorney and was representing himself, I was able to tell him what motions he needed to file and what he needed to prove in custody court. So if you are sitting in a place right now of fear because the other side is saying things and you're afraid that what that person is saying is true, then get information. Talk to an family law attorney even if it is just for a 1/2 hour consultation so you can understand the rules in your area or state.
If you can't talk to an attorney go use the web because you can most of the time find answers to your questions in literally seconds. Keep in mind when you are getting information off of the web, i would encourage you to check it and doublecheck it because not all of the information is reliable. You have to understand that certain information that you're getting may apply in some situations but not in other situations.
It may apply in some states but not in other states. The key is really to take action.
Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
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