Q: My ex in 2008 stated in family court he just got married. My ex’s new spouse filled out the high school paperwork signing it in his”new last name & that he was the step parent. On the school emergency contact list he was first to call, my ex was second, their grandmother was third & I was fourth. The spouse did the same with the forms for the children’s doctors & dentist. The new spouse was permitted per the family judge to take them away on vacation solo as well. My ex & I are back in court for a modification & reviewing her pay stub I noticed that it lists domestic partner health insurance. The last 8 years they were never married & that my ex lied in family court & the “new spouse” fraudulently filled out the schools, doctors, dentists forms. My kids even call him dad. I know there are rights that the non-custodial parents have but of course are never exercised in court & I have been in the court system for over 10 years now. It seems very biased & protects the custodial parent & the non custodial parent is mostly “guilty” until proven innocent. I’m ready to sue my ex for such lies. I believe that the courts should demand a marriage certificate w/ a raised seal. What can I do?
A: David’s Answer: First, you should not assume. Serve a disclosure demand on your ex requesting a copy of the marriage certificate. If your ex did lie, you should get proof of the lie (was it stated in an order your ex was married, was it stated in an affidavit of on the record?). Consider scheduling a consult with a White Plains Family Law attorney for a full assessment.