I'm going to get into a bit of detail here, just so you can understand the situation more. My husband and I recently found out he is the father of a 7 month old baby girl (a short term ex before we met). After the DNA results, I called her and asked if we could set up a time to meet, see the baby, and talk about a visitation schedule we could both agree on. She agreed, but on the day we were suppose to meet, she was a no show, no call. She is living with her BF and his parents, we called several times and left our number with them. We also left our number with the child support worker when we went in to sign the ROP and at that time she told us that she informed K of the fathers rights to parenting time and that he could motion the courts if need be . . she also told us that K said she wanted supervised visitaion (on what grounds??). She has not called at all and we stopped calling (didnt want to appear to be harrassing) and just went and filed a motion with the courts for joint physical and joint legal custody (every other week/ every other holiday). We believe it is a very fair schedule, but what will the courts think? Our court date is May 1. I guess I'm wondering a few different things but one is, will the courts agree to this, and two, what kinds of questions are asked during a custody/visitation hearing. We have a very good marriage, a baby on the way, my children get along with my husband very well, we have a nice, stable living invironment. I honestly think that K was only looking for child support and had no idea we want to be a part of that childs life.
Now its four days before the court hearing and she served us with response papers. she lies about my husband being an alcoholic (he's not even a drinker), she lies and says he molested his younger sister. She also lies about him not trying to get any parenting time until he was served with child support papers, which he has never even been served with child support papers and we can prove this through the child support and collections department. we can also prove that he has tried seeing his daughter (we have phone records). We can also prove that we were the ones who pushed for dna testing and for a child support case to open (the case worker knows us very well by not because of all our visits and phone calls to her office).
How can someone get away with defimation of character in family law. Isn't this illegal? and what can we do about it?
