This will all depend on his attorney and how ruthless he/she is. Anything that may affect the child can be brought up in a custody hearing including having no driver’s license and no means of transportation.
The fact that your ex has not paid child support or post separation support as he should be would make a difference, but you will have to get around the fact that your license was revoked and the other violations to get the court to see that…
The thing about not mentioning previous charges would refer to criminal charges. Any prior acts would have to be allowed by a judge to be heard. This has nothing to do with a custody hearing…
Your ability to drive and transport the children can be an issue when addressing the issue of child custody. If you can do anything to resolve this situation before court that will be in your best interests.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have received some traffic tickets recently due to lack of registration, inspection and insurance issues. The tag and inspection I knew about and have been trying to clear up. However, due to a lack of money (I am in severe financial straits due to the way my ex left me and our “situations” and haven’t been able to take care of these things. I recently had no choice but to use my car for work and getting the children to school. I did NOT know about the insurance. I was under the impression that my ex was paying in until I found out otherwise when I was stopped. Also, somewhere in this whole mess (I absolutely swear I didn’t know this!!), my license was revoked. I also found this out when I was stopped. My truck has been impounded. All of these things (except those I knew nothing about) I have been trying to clear up but simply do not have the money (ex is not supporting properly).
Here’s the question, can my ex use this against me in the upcoming child custody/support trial. Isn’t there something about not being able to mention previous “charges”. He will use all he can get----even lying on the stand. He has already lied in deposition and affidavit. Please help!!
Thanks.