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06-25-2003, 08:14 PM
| | |  Witness Affidavit
Hello from California,
My sister who is going through a child custody battle with her ex-husband wants me to sign a Witness Affidavit stating that I witnessed her ex-husband doing drugs approx 2 months ago. My question is...
Will this statement eventually get me in trouble with the law because I never reported the drug use when it happened back then? Thank you. |
06-26-2003, 02:01 PM
| | Senior Member | | Join Date: Aug 2001 Location: Michigan
Posts: 6,313
| | | It's a sworn statement and as such, if you get caught, you could be held in contempt.
IMHO, I'd tell my sister to take a hike.
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"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
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06-26-2003, 03:13 PM
| | Senior Member | | Join Date: May 2002
Posts: 28,314
| | | In contempt of what, VG?
If you want to keep a relationship with your sister and her kids - think very carefully before you refuse. Unless you are someone who is mandated to report something like this, I don't know that you'd get in any trouble. Although it might make your affadavit less credible. |
06-27-2003, 09:40 AM
| | Senior Member | | Join Date: Aug 2001 Location: Michigan
Posts: 6,313
| | Quote: Originally posted by momma_tiger
In contempt of what, VG?
If you want to keep a relationship with your sister and her kids - think very carefully before you refuse. Unless you are someone who is mandated to report something like this, I don't know that you'd get in any trouble. Although it might make your affadavit less credible. | Ah, I reread the post and realized that it did not say what I thought it said. I thought our poster said he/she never witnessed this activity but was considering signing a sworn affidavit that he/she did witness it. My bad, sorry!
__________________
__________
"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
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06-27-2003, 09:43 AM
| | Senior Member | | Join Date: May 2002
Posts: 28,314
| | | Whew - And I was trying to figure out what I missed!!! |
06-29-2003, 08:57 PM
| | | | I am sorry for not making myself clear...
Actually, I did witness him doing drugs a couple of months ago.
The reason my sister wants me to reveal this incident and sign the affidavit is because she wants to show the judge that he partakes in illicit drug use and therefore, should not have any custody of the children. It's really messy because I also consider him (my ex brother-in-law) a friend.
It's a damn if I do, damn if I don't situation. |
06-30-2003, 01:20 AM
| | Senior Member | | Join Date: Oct 2001 Location: california
Posts: 7,789
| | | Your written statement is useless. The court will not even consider it. Your eyewitness account is only considered if you go to court and testify. This is required so that the other side can question you regarding your credibility. |
06-30-2003, 01:28 AM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | Quote: Originally posted by stephenk
Your written statement is useless. The court will not even consider it. Your eyewitness account is only considered if you go to court and testify. This is required so that the other side can question you regarding your credibility. |
My response:
I already answered this same question by this "country bumpkin", but he decided to ask it again. I gave him this same answer.
Read it here - -
Copy and paste this link into your browser without the [URL] on each side:
[url]http://forum.freeadvice.com/showthread.php?threadid=149262[/url]
IAAL
Last edited by I AM ALWAYS LIABLE; 06-30-2003 at 01:32 AM.
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