Perjury in Legal Proceedings

[Flstatenotary]

My question involves a child custody case from the State of: Florida

I was awarded several weeks of uninterrupted visitation during the summer this year per my final judgment. I was also awarded first choice for picking when my uninterruped weeks started and ended as long as I notified the other party by May 10 via certified mail.

I have complied with my notice of summer visitation weeks 3 weeks before the court ordered due date. I got a letter via certified mail from the mother stating that she didn't agree with the dates of one of my weeks and there I would need to change my week around to her liking if I wanted to exercise my summer visitation.

I responded via certified mail that I would be exercising my right to these weeks as awarded in the Final Judgment and would not be changing any dates as she demanded and in addition I filed a "Motion for enforcement" with the courts. I stated in this motion that the mother is attempting to deny me my awarded summer vacation.

In return to my motion for enforcement she filed a motion to dismiss stating she has never stated that she will be denying my summer visitation (despite having signed a letter and sending it to me certified mail).

I want to file and answer and attach her letter where she states that if I want my visitation that i will change my days and then go after her for perjury since she stated in her answer and motion to dismiss that she never attempted to deny me my summer visitation.

Any ideas on how I should word this answer/motion? She has clearly purjured herself and I want to attack her credibility since I will be filing my petition to modify FJ and go after full cusody within the next few months.

[Dogmatique]

She's actually right - she hasn't yet denied you visitation.

That won't be actionable until you actually turn up to get the kids and she refuses.

This is also not perjury. You need to understand what that is. She was NOT under oath when she filed her answer, hence she has not committed perjury.

Why do you think you'll be going for a custody change?

[Flstatenotary]

She actually notarized the answer/motion to dismiss and it stated that she DID take an oath. That is why I thought that it qualified as perjury.

I will be changing custody because of alienation, third party interference and her bad morals. I have tons of evidence including text messages, photographs and other things.

She has been found in willful contempt 2 times all ready for denying my court awarded visitation. I go this month for contempt number three where she has denied me my visitation once again... I am confident that I have an extremely good case.

[Dogmatique]

Perjury is very rarely pursued as a criminal charge. And frankly, the court expects parents to lie during a custody dispute. Seriously.

I think you're in for a very nasty shock when you try for custody, but good luck with that.

[Flstatenotary]

I am prepared. Especially when the mother has set herself up for this... drunken pictures of her sucking on her friends bare breasts in public on nights my daughter is supposed to be in her care.... drunken pictures of her peeing in public places on nights she is supposed to be caring for my daughter. Telling me and my daughter that I am not her "real" father. With holding father's day visitation and sending me correspondence that my daughter will be spending Father's day with her "real" father (her husband).... MANY MANY more things... I don't think a judge with overlook this especially when she has been warned so many times through contempt.

[Dogmatique]

Do you realize that very little of that impacts her ability to parent her child?

The ONLY thing that stands out is the claim that stepdad is her real father. But really the rest of it? As long as the child was cared for, it's just not going to matter.

The acceptable standard of parenting is very, very low. Depressingly low in fact. That's why I think you need to take a step back and think about what the court considers are important factors when deciding a custody change.

[Flstatenotary]

Well if that is a factor that stands out in court and none of the rest of it matters then I still have a good case. They list him as Father on emergency cards despite having been told in the FJ that I am to be listed as the father and as emergency contact, he texts me that he's her real father and im the "other" dad, they introduced him to the school as her father at open house even though I was sitting right next to them with my paternity papers, They don't allow me to speak to my daughter when I call unless it's "ok with her dad", and they don't let me take her to my family events unless "it's ok with her dad". She has actually taught my daughter to write her name with his last name and when she introduces my child to people she uses his last name.... All this can be proven so even if I get the order reversed on those actions alone I don't care, I just want my daughter removed from that situation.