Welcome to SPARC Forums. Please login or sign up.

Mar 28, 2024, 09:43:21 AM

Login with username, password and session length

Motion for therapy?

Started by mango, Mar 07, 2005, 12:20:51 PM

Previous topic - Next topic

antonin

A word aboout this "clear and convincing" evidence thing. I've seen ruling in Michigan for 50/50 cases that a ref or custody evaluator ruled that since the kid spends a great amount of time with each kid that there is no established enviornment.


Yes, if custody is established, it takes clear and convincing evidence.
If custody is not established, it takes only a preponderance of evdience (51%).

As far as I can see, mere hearsay and false allegations can contstitute
a preponderance of evidence in some courts.