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Author Topic: Admissable evidence and what would you use?  (Read 3849 times)

elaine60

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Admissable evidence and what would you use?
« on: Mar 26, 2009, 10:30:17 AM »
Father filed rule to show cause against mother for visitation contempt.
Not the first time. First time was settled in attorney's chambers with father winning. 
Mother is claiming that daughter is refusing to have visitation with father.
Yet daughter is having to ask mother when daughter wants to go with father.
Daughter is 15 and does everything her mother asks her to, even denying her own father or calling him bad names, saying she hates him, etc.
 
Father has proof that mother has been instigating this for years. Mother's attorney has brought up items from 4 years ago.
 
Father's attorney states that if it not current it does not matter.
 
Father and stepmother feel that the past occurences will go to show mother's intent of removing father from daughter's life.
 
Father and mother have joint legal custody.   Mother does not make father aware of anything of importance.
 
Daughter was evaluated and accessed as learning disabled. Daughter has yearly meeting to discuss schools plans on helping daughter. Father just found out by attorney acquiring all of daughter's school records.
 
Mother has a relative of her husband's listed as daughter's legal guardian, also in daugher's school records. Father never had knowledge.
 
Mother took daughter to doctor and had her put on birth control. Did not tell father she was doing so. 
 
Mother moved and father did not know until daughter called and told him not to come to old house to pick her up.
 
What would you use in court and what is admissable?


gemini3

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Re: Admissable evidence and what would you use?
« Reply #1 on: Mar 30, 2009, 02:17:56 PM »
Depending on your state... most states have it written into their laws regarding custody that you cannot withold medical or educational information, and that you have to give 30 days written notice before moving.  Not doing so would be considered contempt of court.

But if the show cause filed is for visitation interference then the judge may not hear the rest.  I think you have to list it all in your motion to show cause.  Your attorney should be able to help you with that.

What is your intended outcome - to resume visitation?

MixedBag

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Re: Admissable evidence and what would you use?
« Reply #2 on: Mar 30, 2009, 02:43:21 PM »
If dad filed for visitation contempt, then that's the subject he sticks to.  And the other instances are actually also possible contempts, and if dad doesn't file for that subject, you can only use it to show the lack of cooperation and the fact that mom has a tendency to lie, so why believe her now.
 
If dad can fix the other subjects without going to court, that's the route I suggest.  Examples of mom's behavior -- maybe.
 
the fact that mom was ALREADY held in contempt once before I think will also help during this round. 
 
Lastly, in one sense you can't go back in time before the last round and bring stuff up now because once the court issues an order, you're supposed to move forward.  HOWEVER, if you just recently found out about it, then maybe it becomes additional justification.
 
I'm no attorney that would know exactly how to maneuver my way in court and use the right stuff.

trystero

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Re: Admissable evidence and what would you use?
« Reply #3 on: Apr 12, 2009, 10:24:54 PM »
If dad filed for visitation contempt, then that's the subject he sticks to.

As frustrating as it can seem, this is accurate advice.  When a motion is filed, that's the topic on the table.  Seems stupid to consider single issues without context of other surrounding circumstances, but if Judge follows the rules, that's the soda-straw you have to view through.....

Will be thinking about this one!

shaden3

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Re: Admissable evidence and what would you use?
« Reply #4 on: Apr 18, 2009, 01:20:53 PM »
Have you asked for a Lawyer for the Child (formerly known as Law Guardian)? Judges often allow youth aged 14 up to give input, and allowing your daughter's best interests to be represented may help. Ongoing court battles and the adversarial process can wreak havoc on a kid.
Thou shalt not be a perpetrator. Thou shalt not be a victim. Above all, thou shalt not be a bystander.


Gestalt

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Re: Admissable evidence and what would you use?
« Reply #5 on: Apr 21, 2009, 07:18:02 AM »
If dad filed for visitation contempt, then that's the subject he sticks to.  And the other instances are actually also possible contempts, and if dad doesn't file for that subject, you can only use it to show the lack of cooperation and the fact that mom has a tendency to lie, so why believe her now.

If dad can fix the other subjects without going to court, that's the route I suggest.  Examples of mom's behavior -- maybe.

the fact that mom was ALREADY held in contempt once before I think will also help during this round. 

Lastly, in one sense you can't go back in time before the last round and bring stuff up now because once the court issues an order, you're supposed to move forward.  HOWEVER, if you just recently found out about it, then maybe it becomes additional justification.

I'm no attorney that would know exactly how to maneuver my way in court and use the right stuff.


I agree and will add- you can also use evidence that has been previously used as long as you use it in a different way, so the evidence that was used in the prior contempt might be useful in this contempt case- NOT to get a contempt ruling on those particular behaviors but to show a long standing pattern of mom's behavior that was not influenced or deterred by court involvement.

 

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