The USA is far worse for dads. Here in Florida we have permanent (death or remarriage) alinony. So not only can you lose yout kids, but you're impoverished for decades unless (and until) your ex decides to remarry. Not to mention that here, if you make more money than your ex, they make you pay a... access page ...

The USA is far worse for dads. Here in Florida we have permanent (death or remarriage) alinony. So not only can you lose yout kids, but you're impoverished for decades unless (and until) your ex decides to remarry. Not to mention that here, if you make more money than your ex, they make you pay all of your ex's attorney fees in addition to your own. And you have to wait months for a 30-minute hearing, sometimes years if you want a multi-day trial. Divorces here can take a decade just for the litigation, and the custody issue often becomes moot by the time it goes to trial.

Affidavits are just that, affidavits, not evidence. She can allege whatever she wants in motions or affidavits, but allegations are not facts, they are merely her legal cause of action to file a pleading with the Court. She has to go to Court and make her case. Which means she'll have to tes... access page ...

Affidavits are just that, affidavits, not evidence. She can allege whatever she wants in motions or affidavits, but allegations are not facts, they are merely her legal cause of action to file a pleading with the Court. She has to go to Court and make her case. Which means she'll have to testify and face full confrontation and cross-examination in Court concerning those allegations, and you get to present your own testimony and any and all evidence to the contrary in your defense. The Judge can only render findings based on their weighing of the evidence, which must be admissable under your local rules of evidence. Things like speculation, hearsay, etc. cannot be admitted (and thus, not considered by the Court in rendering a decision) as long as you raise the appropriate objections at the right time. I'd suggest retaining a lawyer, or using legal aid. I'm not sure what the pro-se rules are up there, but if they allow self-representation, that is an option as well, you'd need to educate yourself on the Courthouse and pleading procedures, laws, legal authority (case law), and the basics of civil trial law in your Jurisdiction if you go that route. Take a free consultation with an attorney and go from there.

Another side note (and I'm not an attorney licensed to practice law up there, so not to be construed as legal advice). If your divorce is already finalized, and these facts (you allegedly being abusive during the marriage) were known during your family law trial, there are several legal doctrines (such as Res Judicata) that would prohibit her from introducing evidence previously known to re-litigate matters that have already been heard by the Court. So you could motion (ideally through an atty) to strike the affidavit from the Court file on that basis. And move to dismiss whatever pleading she filed (such as a change in custody) under Res Judicata as well. Discuss this option with a local attorney, as it would depend on how these doctrines apply in your Jurisdiction and what the laws in your area consider grounds for dismissal with prejudice of a pleading. Typically the laws will permit dismissal for failure to state a cause of action, Res Judicata, Collateral Estoppel, improper venue, lack of subject matter jurisdiction, etc. My advice is to educate yourself, don't let her attorney exploit the fact that you don't have one. The reality is that only one who will defend your children's rights in this situation is you. The attorneys are only interested in winning (or if your money runs dry, settling) their case. You need to at least pick up enough knowledge that you can hold your own attorney accountable, especially if you have a legal aid attorney that's working for peanuts.