bail question

[Mamacass]

We live in the state of VA.
So this isn't your normal custody question, but I'm hoping you can help.  We are preparing for our custody case, and have come into some information that my son's mother is currently on bail, awaiting a hearing for a class 1 misdemeanor (something to do with a firearm.)  Now she has been in and out of the state, b/c she is planning on moving.  I didn't think that was allowed, and I'm hoping its not, because then she won't be able to take my son out of the state until she clears up her issues.  See questions 1a and 1b

second thing, we found out that she has a record from about 2 yrs ago for being drunk in public, and a DWI a month later.  See question 2

1A. If you are out on bail, are you allowed to leave the states?
1B. If this isn't allowed, who would you call to make an anonymous tip?

2. Is this still relevant in a custody case to show a history of instability, or is this too old to matter?

[socrateaser]

>1A. If you are out on bail, are you allowed to leave the
>states?

Depends on the release conditions. The purpose of bail is to secure the defendant's return, so depending on the size of the bail, and the gravity of the charge, there may or may not be a restraining order on leaving the jurisdiction. If you want to find out for sure, contact the court clerk where the charges are filed and get a copy of the bail order.

>1B. If this isn't allowed, who would you call to make an
>anonymous tip?

The county public prosecutor where the charges are filed. But, since it's an anonymous tip, the DA will likely ignore it, because he/she won't be able to easily prove that the defendant has left without a witness, so you're probably wasting your time. If this were a more significant charge, the DA could probably investigate and discover the truth, but for this misdemeanor, it won't be worth spending taxpayer dollars on an investigation. So, if you want to make this problem for the other parent, then you will need to be a witness with personal knowledge that the other parent left the jurisdiction -- assuming that not leaving is a condition of the defendant's release, of course.

>
>2. Is this still relevant in a custody case to show a history
>of instability, or is this too old to matter?

Evidence of a person's disposition or personality traits is inadmissible to prove present conformity. However, where character is an ultimate issue in a civil action, conviction of a crime is admissible as substantive evidence, as well as for impeachment purposes.

What all that means is that if the parent's abuse of alcohol is potentionally not in the child's best interests (and of course, it's not), then relevant evidence, such as a DUI conviction is admissible.

However, evidence is generally given weight in proportion to its proximity to the time, place, and/or event at issue, so 2 year old evidence of alcohol abuse may not have much weight unless you can demonstrate that similar abuse is ongoing.

If I were doing the case, I would probably use the conviction as a rationale to ask the court to order the other parent to submit to drug testing and to have a physical and mental health eval, so as to possibly uncover any continuing habitual behavior that could affect the child's interests.

By itself, the evidence will not be particularly useful -- but, if this latest misdemeanor charge has some component of drinking involved with it, then it may be extremely relevant.