[idknow]

Originally Posted by scottinalaska

Mike is very enlightened NOW about how he really did "invite" the State to become a third party to his marriage contract. I have been discipling him in the Word, but what do you know, I "disciple" him in these other truths too.
gldskr, you may be right that the jury, no matter how convinced, is likely to do what the judge tells them to do. But folks out here don't take kindly to being told what to do either! We have said, "Up yours" more than once when someone wants to come in and tax us. We have NO taxes where I live. No property, sales, state, and a lot of us, federal too! But all of this means nothing if he loses his kids due to some crazy evaluation by a state paid person.
She is now on every welfare program around, which shows that the State certainly doesn't want to get her off the dole. Mike still works for a living and is willing to let her go. She moved in with some guy 2 days after he left for a job(construction)6 hours away for a couple of weeks last spring. She never called the cops in all the time they were married or together. They have a nice cozy home he built for them and their two kids. But in that time, she was able to get a restraining order served to him at his jobsite. He did want to reconcile despite this unfaithfulness, but now, he is done(a few guys later too[small town]).
Thus we come to what increases the odds that he could get the kids. Jury trial? She has loads of evidence and testimony by local people of her unfitness and endangerment to her kids, while he has quite the opposite with great testimony.
Hmmm, does a divorce proceeding dealing with custody allow outside testimony? Subpeona time?
thanks for all of those somewhat familiar with this territory!
scottinalaska

Well, since it is her unfaithfulness to the marriage, that is all evidence that he could use (did he?) to abate, mitigate or eliminate the action against him: He's not the one who materially breached the marriage-convenant!