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Mother the( defendant)

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What is the name of your state? I had a case brought to trail with mother of our 4yrs for modification.
  1. I have been having our child overnights for more than 50% Because mother works at nights.
  2. Current out of state parenting plans has father 6 and mother 8. Because mother works at nights. Father has seen increase over the last two years.
  3. I have mother work schedule submitted to the court.
We had our trial and mother did not have any exhibits, other than the documents requested in discovery, Work, bank statement etc. She paid for Insurance right now. Due to Father Unemployment history. Landing the right job since moved has been a problem in local economy.

My questions is everything mother ever said about expenses during trial. Activities, expense etc, text message etc .No witnesses. Every item discussed by father, we had an exhibit.
In court of law, does court take statements with out any evidence and make a decision ?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? I had a case brought to trail with mother of our 4yrs for modification.
  1. I have been having our child overnights for more than 50% Because mother works at nights.
  2. Current out of state parenting plans has father 6 and mother 8. Because mother works at nights. Father has seen increase over the last two years.
  3. I have mother work schedule submitted to the court.
We had our trial and mother did not have any exhibits, other than the documents requested in discovery, Work, bank statement etc. She paid for Insurance right now. Due to Father Unemployment history. Landing the right job since moved has been a problem in local economy.

My questions is everything mother ever said about expenses during trial. Activities, expense etc, text message etc .No witnesses. Every item discussed by father, we had an exhibit.
In court of law, does court take statements with out any evidence and make a decision ?
What is the name of your state?

Testimony (by way of "statements") IS evidence.
 

adjusterjack

Senior Member
In court of law, does court take statements with out any evidence and make a decision ?
In the abstract, the answer can only be yes. A statement without documentary evidence is testimony (evidence). The judge will listen to the testimony (which is given under oath, by the way) and decide whether the statements made are credible and he can use that testimony in his decision.

The other party also gives testimony but can have documentation to back up the testimony.

But, in your case, does the father have any evidence that refutes the testimony of the mother? If there is no refutation of the mother's testimony then the judge is within his authority to accept the mother's testimony as true.
 
Father provided every single bit of evidence including mother night shifts. email and text communication. What is striking mother want changes in child plan to fit around her night shifts. This will disrupts our child exiting and father time sharing plan.
she asking for child support with the only expenses is health insurance.
 

PayrollHRGuy

Senior Member
Father provided every single bit of evidence including mother night shifts. email and text communication. What is striking mother want changes in child plan to fit around her night shifts. This will disrupts our child exiting and father time sharing plan.
she asking for child support with the only expenses is health insurance.
If the mother has the child at all there are more expenses than just health insurance.
 

Just Blue

Senior Member
Father provided every single bit of evidence including mother night shifts. email and text communication. What is striking mother want changes in child plan to fit around her night shifts. This will disrupts our child exiting and father time sharing plan.
she asking for child support with the only expenses is health insurance.
Are you the fathers wife/GF/SO? Does Dad have an attorney?
 
Dad has the child more than 50%:
Child order is Mother has 8 and Father 6 in 14days:
  1. when mother is working more than 8hrs over nights child goes to Father :
    1. Mother work 6overnight in 14days
  2. In any given for the past 2yrs father has 10~12 overnight . Exception is june 2020 both has 50/ 50
 

Zigner

Senior Member, Non-Attorney
Dad has the child more than 50%:
Child order is Mother has 8 and Father 6 in 14days:
  1. when mother is working more than 8hrs over nights child goes to Father :
    1. Mother work 6overnight in 14days
  2. In any given for the past 2yrs father has 10~12 overnight . Exception is june 2020 both has 50/ 50
Who are you in this matter?
 

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