Can exponged records be used in divorce?

[BetweenMeAndYou]

Texas

The last time I asked for opinions on here, the results were amazing. Thank You! Very opinionated (this was great)! The more opinions I can get, the more approaches I can see coming from the other side.

I'm currently going through a divorce in which I am fighting for custody of my child. My wife has been clinically diagnosed Bipolar and an Alcoholic and has been driving while intoxicated with our child in the car. I am gathering information to take to court. One copy of records I have was a public intoxication event where she was walking down the middle of a five lane road drunk. She was literally walking down the turning lane and someone called 911.

Her parents are wealthy and paid to have the records expunged. However having the records dismissed from the system doesn't mean the event didn't occur. Could I use the copies of the records in a family court setting as proof of a history of alcohol abuse?

What I would give for that video where she was trying to bribe the officer while she was drunk. I'm sure the video was destroyed in the expungement process, right?

Can anyone think of some tags to add to aid in the discussion?

 

[Isis1]

well, what proof do you have that mom drives drunk with the child in the car? how many times has she been SENTENCED with a DUI WHILE the child was in the car? how many times has social services been involved?

being bi-polar is NOT a reason to lose custody.

being an alcoholic is NOT a reason to lose custody.

putting the child in PROVEN danger is a reason to lose custody. that is what you need.

and keep in mind, say you do get custody without proving mom is driving drunk with the child in the car....the child is still with mom on visitations. so getting custody will not solve that problem.

 

[Ohiogal]

Look at rule of evidence 803(22). Those records are HEARSAY.

 

[sandyclaus]

Texas

The last time I asked for opinions on here, the results were amazing. Thank You! Very opinionated (this was great)! The more opinions I can get, the more approaches I can see coming from the other side.

I'm currently going through a divorce in which I am fighting for custody of my child. My wife has been clinically diagnosed Bipolar and an Alcoholic and has been driving while intoxicated with our child in the car. I am gathering information to take to court. One copy of records I have was a public intoxication event where she was walking down the middle of a five lane road drunk. She was literally walking down the turning lane and someone called 911.

Her parents are wealthy and paid to have the records expunged. However having the records dismissed from the system doesn't mean the event didn't occur. Could I use the copies of the records in a family court setting as proof of a history of alcohol abuse?

What I would give for that video where she was trying to bribe the officer while she was drunk. I'm sure the video was destroyed in the expungement process, right?

Can anyone think of some tags to add to aid in the discussion?

So, in other words, you are trying to use your STBX's drinking to justify keeping her from getting custody of the child?

Unless you can prove (with CURRENT records, and not those which have already been expunged) that she is a danger to the child or herself, you aren't going to be successful here. Just being an alcoholic or bi-polar sufferer isn't sufficient to prevent her from having custody. You have to provide something that shows she is NOW a danger to that child.

 

[Proserpina]

Texas

The last time I asked for opinions on here, the results were amazing. Thank You! Very opinionated (this was great)! The more opinions I can get, the more approaches I can see coming from the other side.

I'm currently going through a divorce in which I am fighting for custody of my child. My wife has been clinically diagnosed Bipolar and an Alcoholic and has been driving while intoxicated with our child in the car. I am gathering information to take to court. One copy of records I have was a public intoxication event where she was walking down the middle of a five lane road drunk. She was literally walking down the turning lane and someone called 911.

Her parents are wealthy and paid to have the records expunged. However having the records dismissed from the system doesn't mean the event didn't occur. Could I use the copies of the records in a family court setting as proof of a history of alcohol abuse?

What I would give for that video where she was trying to bribe the officer while she was drunk. I'm sure the video was destroyed in the expungement process, right?

Can anyone think of some tags to add to aid in the discussion?

Given that your join date is Dec 2010...and yet this is your only post...


How many threads did you delete?

And why?