Advice for Presentation of Evidence

[magtwo]

What is the name of your state (only U.S. law)? Utah

My husband is preparing for a hearing on an OSC in order to obtain custody of his 13 year old daughter. I am gathering and organizing information for his attorney.

I have two questions. First, what is the best method with which to present photographic evidence?

Second, if he asks friends/family for statements, should they be be notarized affidavits, or will a judge take them into consideration without?

Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Utah

My husband is preparing for a hearing on an OSC in order to obtain custody of his 13 year old daughter. I am gathering and organizing information for his attorney.

I have two questions. First, what is the best method with which to present photographic evidence?

Photographs of what?

Second, if he asks friends/family for statements, should they be be notarized affidavits, or will a judge take them into consideration without?

The judge should not be taking any statements at all from people who are not there to be cross examined. Regardless of whether or not they are notarized. So therefore the statements are worth nothing.

 

[magtwo]

The photographs are of activities to prove that she has a pleasant time with her father; basically, to refute the mother's claims that the child is in an unhealthy environment with her father.

Thank you for the adivce on the statements. I didn't want to waste anyone's time.

 

[waitinMd]

those type photographs won't prove anything. It is not hard to get a child to smile doing activities that she likes. I find it hard to believe an attorney is asking for these two things.

 

[magtwo]

those type photographs won't prove anything. It is not hard to get a child to smile doing activities that she likes. I find it hard to believe an attorney is asking for these two things.

At this point, his attorney has not asked for anything. What kind of information would you advise having prepared for this type of hearing?

 

[Ohiogal]

At this point, his attorney has not asked for anything. What kind of information would you advise having prepared for this type of hearing?

How is mother's home a detriment to the child? What major issues have changed for the negative for child? What substantial change in circumstance is there in the life of the child that necessitates a change in custody?

 

[magtwo]

How is mother's home a detriment to the child? What major issues have changed for the negative for child? What substantial change in circumstance is there in the life of the child that necessitates a change in custody?

1. Interference with parenting time; this is documented by email as well as affidavits from the Special Master's office. Increasing over the past year. In March, the child went to the ER the night before visitation. She was given a clean bill of health, but mother kept her home. In April, mother, having been sternly warned by the special master that this would not be tolerated, instead checked herself into the ER.

2. The child is missing an inordinate amount of school; last year, 31 days. This past year, 27 days. Grades went from straight A's to C's and Failing. It took Special Master Orders to get her back on track.

3. Sudden medical issues; the child, over the past year, has injured her wrist, arm, cracked a rib, and suffered a concussion. My husband does not beleive there is abuse of any kind. However, she is also suffering from asthma, and has been put on six different medications when she is home with her mother. The concern is that she is never sick when she is visiting her father.

4. Violations/defiance of court orders and special master orders; everyhting from notification of the father of medical treatment to missed school. There are orders on file that the mother is supposed to notify the father and the special master within a specified time frame, but she never has.

 

[Ohiogal]

1. Interference with parenting time; this is documented by email as well as affidavits from the Special Master's office. Increasing over the past year. In March, the child went to the ER the night before visitation. She was given a clean bill of health, but mother kept her home. In April, mother, having been sternly warned by the special master that this would not be tolerated, instead checked herself into the ER.

2. The child is missing an inordinate amount of school; last year, 31 days. This past year, 27 days. Grades went from straight A's to C's and Failing. It took Special Master Orders to get her back on track.

3. Sudden medical issues; the child, over the past year, has injured her wrist, arm, cracked a rib, and suffered a concussion. My husband does not beleive there is abuse of any kind. However, she is also suffering from asthma, and has been put on six different medications when she is home with her mother. The concern is that she is never sick when she is visiting her father.

4. Violations/defiance of court orders and special master orders; everyhting from notification of the father of medical treatment to missed school. There are orders on file that the mother is supposed to notify the father and the special master within a specified time frame, but she never has.

Then prove all of the above with witness testimony, certified records, and the like.