Messages

I have subpoened a custodian of records to bring with and testify about school records.

1.  Do I need a copy of all those records for the judge and opposing party?

Thanks

Understood - thank you

Hypothetical situation:

I am the petitioner and present my case using some hearsay, with no objections.

The Respondent presents their case with hearsay and I do object.

1.  Can/Will a Judge accept the respondents hearsay statement above my objection since I also included hearsay in my case?

I know a there is no way to tell for sure what a Judge will do but even your
opinion would be greatly appreciated.

thank-you

Thank-you very much for all of the info. You are a lifesaver.

Both parties are now Pro Se.  Opposing party will object to school records because previous lawyer did.  But with the help you have given me is shouldn't be a problem now to have them admitted into evidence.  

Attendance

Most of my ex's case is built on:    the child's therapist told/recommended to me.... my sister said..... my parents were under the impression........

1.  Are comments like these considered hearsay if the actual person who               made the comment is not there to be cross-examined?

Thanks

Both parties are Pro Se

Lawyer in a previous hearing objected to my use of school records because a custodian was not present and the records were thrown out. At that time I knew nothing about the business records exception to the heresay rule.  

I have since recieved a letter from a previous school that states my child's dates of enrollment and absences. This letter has also been sent to child's current school.

1.  Can I use this letter in court as evidence?

2.  And if an objection is made Can I use the business records  
     exception?

3.  Would it be better to have the custodian present?

Thanks

Is it normal to include into a parenting plan specific goals for one parent to achieve in order to gain a more parenting time?

If so, also in the same plan to put in specifically how much more time will be gained and when it will go into effect if all goals are met?

Thanks

Custodial parents are maternal grandparents. Child has been residing with BioMom for several years with visitation for Biodad.  Grandparents removed child from BioMom because of instability.

Mom and Dad file  together a modification of custody stating that grandparent custody should be terminated and custody returned to Mom and Dad.  Dad having primary custody and visitation with Mom.

Grandparents respond to motion with a Stipulation agreeing to Mom and Dad's motion but asking for grandparent visitation and stating that the child will begin to reside with father on (date has passed - child is with father)

Stipulation also says "All parental responsibilities should be allocated  jointly to both mom and dad."

Next item in Stipulation is "Dad shall be the primary residential parent with liberal parenting time granted to Mom. Mom and Dad will agree to a specific parenting plan."

All parties agreed to and signed this Stipulation and have agreed to begin this stipulation immediately.
Grandparents are treating this situation as if mom and dad have already have complete custody.

Until a parenting plan is adopted who has the final say on how much visitation for mom?  

My daughters maternal grandparents are her custodial parents by court order.

My ex and I are in 2 different states and are filing together in CO where the original order was entered. I also reside in CO.

She is faxing me a notarized copy of the Motion then I will sign in front of a notary.  

Will the courts accept this or does her signature and notary have to be original

Thanks

I don't see how it could be required either for a contempt hearing.  Either an order is being followed or it's not and if it's not being followed why mediate? I had a lawyer/mediator tell me this and I get the feeling he just wants to make some $$$$.  

Thank you anyway for you reply

I am in the State of Colorado

I was informed that mediation is required for all post divorce decree issue before any action is taken in court - even contempt of court proceedings cannot be iniatiated without first goin through mediation.

Do you know is this is correct? and if so which statue?

Thanks

Marie

Unfortunately the it is the Temp Orders that say NCP drives both ways in Final Decree I agreed to drive one way.  So the last Order says CP drops off at 5pm NCP returns by 6:30.  In light of what's going on now I guess it was pretty stupid of me to agree to 1/2 the driving.  Looking back there were alot of things I should have done differently and I don't want to keep being taken advantage of.