grandparents were given temporary custody

[marlette]

What is the name of your state? California. I allowed my daughter stay with my mother and stepfather for 3 weeks while I was relocating to Phoenix Az. so that she could go on a vacation with them and her 2 cousins. We had agreed that they would bring her to me at the end of 3 weeks. When they returned to california they called me and told me they were not going to bring her back to me, and that they had arranged for an emergency custody hearing. I told them that I wanted to go to that hearing and they refused to tell me where or when it was taking place. They also would not tell me where they were. I drove back to Los Angeles that nite (saturday) and for 3 days looked everywhere for them only to find out that they had been to court on monday morning while I was still looking. They were given temporary custody. They made all sorts of accusations none of which they had proof of. I was not served any papers until 3 weeks before I was suppossed to appear in court to fight this. I have legal aid now but can't seem to get any real information on what happens at the hearing, just that I need to collect Character refernce letters. But what exactly are these letters supposed to say? Do the people who write these letters need to address the accusations specifically or should they just give examples of how I am as a parent? I am so lost!!! There are so many lies, exagerations, and twists of the truth involved I don't know which of them to address and which of them are just not important. I can give more details if needed. Any help or advise on what to do or expect would be greatly appreciated!!!

 

[Boxcarbill]

Oh boy, you have been given "busy work." This is work to keep you busy and prevent you bothering your lawyer. Character letters, regardless of what they say are useless and admissible because they are statements made by the declarant out of court and offered in court to prove the truth of the matter asserted and are therefore hearsay and inadmissible. The reason for hearsay being inadmissible is because the declarant is not subject to cross-examination. If someone's testimony is important, they need to appear as a witness in the case.

Now, the allegations in the affidavit attached to your parent's custody motion are important because that is the basis for the court's granting them custody. Therefore, you do need the testimony of person and/or admissible evidence which can rebut those allegations.

 

[marlette]

What if the persons writing the letters are willing to appear in court?