Tuscaloosa, AL asked in Child Custody for Alabama

Q: What happens if my ex boyfriend lies in court so he can take child away from me?

My ex and I have court in a couple weeks and originally it was so we could get a legal agreement on paper so he couldn’t take my daughter from me like he has one time already just because I started dating again. Now I’ve learned that he is telling his friends a bunch of lies and saying he’s gonna tell the court this stuff as well to “use it against me” Saying my child is being abused and that my daughter is the one saying it all which I know isn’t true because half the stuff he is saying came from her, she doesn’t even know how to say. She’s only 5 . I’m pregnant now by my current boyfriend and I’m assuming he’s jealous but he is bad mouthing me and he also doesn’t wanna have to pay child support if it’s ordered. Is there a way I can prove that he will be lying? Will the judge believe me if I try to defend myself

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Unfortunately many people come to court and lie. Fortunately, there are numerous features in the system that help to both expose a liar and to limit those things they can lie about. The most important feature is cross examination. If you are going into a contested proceeding you need a lawyer. It is that simple. A skilled lawyer will know how to question a liar and expose him and his story for what they are. Furthermore, there are the Alabama Rules of Evidence, particularly regarding hearsay. While household or street corner arguments may be resolved by "well, X told me X" that is not the way it works in court. Your "ex" as you say will not be allowed to testify as to what the child or anyone else for that matter told him unless he can fashion the statement until an exception to the hearsay rule. Again, you need a skilled lawyer to object and expose the statement for what it is, inadmissible hearsay. Your best bet, if you cannot afford a lawyer, is to remain calm and do not let the idea of what your "ex" may be running his mouth get you worked up. A lot of people who run their mouth on the sidewalk outside the courthouse quickly lose their voice when in the courtroom or are promptly silenced.

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