evidence documentation

[shaggin]

In CA. I am trying to change the custody of my 10 year old son. Will the court allow evidence obtained by a privite investigator such as a DMV records? Is it true that a social workers report and investigation can not be used as evidence?

 

[casa]

Why wouldn't a social worker's report be able to be used in court? I am not a lawyer but I used social worker's findings in my own custody case.
I haven't used private investigation (if only I could afford it! )

What does the social worker's report say? I'm assuming it is positive for your side- since you mention it.

Has there been any child services involved? Is the child at risk in anyway in the current home? Are you involved in the child's life? Is there a reason you are now wanting custody? Those things I think are relevant in a custody hearing. My attorney told me that CA relies on the "Best interest of the children" as a general overall guideline when determining or changing custody.

There is California Family Law Code online~ You may want to look a few of these questions up there.

Hope some of this helps

 

[shaggin]

A mandatory reporter issued 2 suspected child abuse reports on my husband. One for leaving my son unsupervised and one because my ex's girlfriend is my daughters 16 year old friend, My ex is 39 years old. When the social worker interviewed my ex he lied about the relationship, but my son made many comments to the social worker such as "I like my dad but I perfer to stay with my mom" and "I feel alone because no one is there". My 16 year old daughter made comments such as "my dad allows me to drink beer at home" the social worker wrote "he told ex to keep the beer drinking to a minimum", can you believe that! My attorney said it is against the law for him to put the social workers report in as evidence. I would like some way of getting this report in if anyone has any ideas.

 

[I AM ALWAYS LIABLE]

In CA. I am trying to change the custody of my 10 year old son. Will the court allow evidence obtained by a privite investigator such as a DMV records?

MY RESPONSE: The DMV is not a "private investigator". The court will, however, accept "certified copies" of DMV reports.


Is it true that a social workers report and investigation can not be used as evidence?

MY RESPONSE: That's right. The reports, themselves, are hearsay. However, you can subpoena the social worker to give direct testimony from the stand, referring to the report and authenticating the same as being their own report.

IAAL

 

[casa]

re; social worker report findings

IAAL had interesting point re; the social worker report.

I contacted for legal question about my own case- to find out how the social worker's findings were included to the court in my own case.
I was told the findings were included because the social worker was contacted by, and the report information was relayed to, Family Court Services (Court ordered mediation service from the judge) and also included in report to the judge from my daughter's "Minor's attorney". (Minor's attorneys are expensive option though)

I was told that most disputed custody cases in CA go to some type of court ordered mediation. If it's not mentioned by the judge, you can also request mediation yourself.
I don't know if you will be going to Family Court Services or some type of mediation- but if you cannot get social worker to appear in court for your case, (if you can't afford an attorney Or you don't want to/don't know how to subpoena the social worker to appear) Maybe you can give the social worker's information to whomever does your mediation- so they can contact the social worker and include the information in THEIR report to the judge.

Glad this information was brought up