回複：這種情況孩子的撫養權會怎麽判?

I just finished my divorce case. i can share sth.

In USA, custody and physical care are different. The joint legal custody is usually appointed to the couple. the hu*****and and wife are fighting for physical care.

If one party request shared physical care of the minor child, the judge will consider appointing shared physical care. however, shared physical care requires both parties can respect and support each other to raise the child. If the judge see one party hates another one, shared physical care will not be possible.

Domestic abuse is serious in the court. Theoretically, abusing between the couple shouldnot influence the physical care appointment. However, the judge is also the human. She/he will always in favor of the weaker, usually the woman.

In my case, both she and I asked for primary physical care. Three years ago, I threw a bottle at her when we argued. She called 911. Before three years ago, we did fight each other and I slapped her on the back and shoulder. So, who do you think will win.

Indeed, I won. I got the primary physical care. The main reason is that she lied in the trial. She exaggerated the domestic abuse. She changed her request to shared physical care at the last day of the trial. In the trial, I showed I am a nice guy. I never hit her since three years ago. I have the evidence to show that she physical/verbally abused me during the past three years. I have the evidence to show that I am major care provider for my kid. I have lots of witnesses to support me. Therefore, I won.

I always think if she could show nice to me in the trial, if she didn't show hatred to me in the trial. The Judge probably will appoint shared physical care.

So, The important thing is not lying. You will be examed by both attorneys back and forth. It is called direct/indirect exam. If you lied, you will be peeled out and looks very ugly.

For hu*****and, I hope the abuse you mentioned happened a couple of years ago, and never happened again. Shared physical care (half/half) will have more chances than primary physical care for you. Be nice and be regretful about what you have done in abusing. Obtain the mercy from the Judge.

For the wife, if she doesn't have drug or mental problems, she will get primary physical care if she insists. I guess she mainly take care of your kid.

Each case is different. Be honest to your attorney. Tell her/him every truth. Then, she/he will know how to beat your partner in the trial. Otherwise, you are wasting money and get no help. The attorney only give you advice and you make the decision. For my experience, once they know the truth, they can help you efficiently. Be aware of that those two attorneys do exchange the evidence, and discuss with each other. They will have a clear picture about the case.

Again, anything can happen in the trial. You never know that's the Judge's opinion until the last minute.

Good luck!

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• 謝謝您的分享，打了這許多字, thanks -123abcz- ♀ (0 bytes) () 01/14/2009 postreply 12:01:09