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Additional evidence discovered since petition for placement was filed; what now?

I.hate.cats's picture
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DH and I cannot afford an attorney so we are doing this pro se. He filed a motion for a change of placement back in May, we were given a court date in September. Since then we have come across new evidence that will support the petition. He is also filing for sole custody. Since we don't have an attorney, I'm not sure what to do. Do we include the new evidence in the petition for sole custody or do we wait and have DH introduce it in court?

WalkOnBy's picture

Has he filed for sole custody yet?

What does "change in placement" mean - sounds to me like it's the same thing as asking for sole custody? By "sole custody" do you mean sole legal custody???

onebright1's picture

For the sake of disclosure I would add it now. The judge wont consider it if its not included. SO just found that out the hard way.

I.hate.cats's picture

I'm not sure how to add it, I guess that's the problem. I suppose we can include it with the motion for sole custody, especially since it's critical to our case at this point.

I.hate.cats's picture

In my shitty state placement is the amount of time spent with the child, custody is all about decision making.He filed for a change of placement so SD6 would be here more often. Now he's filing for a change of custody because BM's idea of joint custody is I'll do what I want and if you don't like it take me to court.

No go on the legal aid. She used them on a previous divorce so now it's a conflict of interest.

Stepmom09's picture

Call around and ask. You might be able to find a lawyer that will take on the case inexpensively or free. Especially if the child is in danger