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kwhaley

Member
What is the name of your state? NC

This question was asked earlier but in a different state. Are emails allowed as evidence in NC? What about instant messengers.. such as yahoo?

Does anyone know if prepaid legal services (any of them) fight for child custody?

Thanks for the help.
 


Zephyr

Senior Member
emails in what form? between you and the other petitioner? sometimes the judge will allow them other times they fall into hearsay, my son's teacher's email to me about the number and nature of detentions my son had gotten last year was inadmissable because of the hearsay rule.


your question about prepaid legal services probably would get different answers depending on what type of service you enlisted with, before contracting with any you should ask them if they cover these types of issues.
 

kwhaley

Member
WANNACRY said:
emails in what form? between you and the other petitioner? sometimes the judge will allow them other times they fall into hearsay, my son's teacher's email to me about the number and nature of detentions my son had gotten last year was inadmissable because of the hearsay rule.


your question about prepaid legal services probably would get different answers depending on what type of service you enlisted with, before contracting with any you should ask them if they cover these types of issues.
Thanks. Yeah, the emails are from the birth mother to me. (My husband and I have legal custody of 14 month old baby). These are some where she says she wants unsupervised visits and says that she'll "let us adopt him" if we do this. It's a manipulation game w/ her. Also I have instant messages from her sister, where she's telling us of her (the mothers) new job - a stripper. Would those be accepted? Unfortunately I don't think the date is on them.

I'm trying to be prepared in case she ever comes through w/ her threats of taking us back to court to get him back. She's unfit.

Thanks again.
 

Zephyr

Senior Member
well there would certainly be ways of proving her employment without that message, now that you know what she does, it shouldn't be all that hard to track down where she works.

but being a stripper does not in and of itself make someone an unfit mother.
 

CJane

Senior Member
kwhaley said:
Thanks. Yeah, the emails are from the birth mother to me. (My husband and I have legal custody of 14 month old baby). These are some where she says she wants unsupervised visits and says that she'll "let us adopt him" if we do this. It's a manipulation game w/ her. Also I have instant messages from her sister, where she's telling us of her (the mothers) new job - a stripper. Would those be accepted? Unfortunately I don't think the date is on them.

I'm trying to be prepared in case she ever comes through w/ her threats of taking us back to court to get him back. She's unfit.

Thanks again.
I would seriously doubt that you could use IMs with her sister against her. 1) It's a conversation with someone else, not with you. 2) IMs, once archived are very easily altered (I know this from my own custody issues).

Also, I hope that if you truly believe that she's unfit, you have more to base this on than her occupation.
 

Zephyr

Senior Member
and just to point something out before you slip and say something silly in front of the judge, your husband has legal custody, not you.

why does mom have supervised visits right now?
is mom paying support?
 

kwhaley

Member
WANNACRY said:
and just to point something out before you slip and say something silly in front of the judge, your husband has legal custody, not you.

why does mom have supervised visits right now?
is mom paying support?
Nope, my husband and I both have legal custody of the baby. My husband and the mother are cousins. She had the baby in prison and she signed over custody to us. The baby was in foster care until we got him at 3 months old.

The mom is not paying support - we never pursued that.

The court says nothing about visitations, they left that up to us. Supervised visits are because we know that she'll run if she gets half a chance.
 

kwhaley

Member
CJane said:
I would seriously doubt that you could use IMs with her sister against her. 1) It's a conversation with someone else, not with you. 2) IMs, once archived are very easily altered (I know this from my own custody issues).

Also, I hope that if you truly believe that she's unfit, you have more to base this on than her occupation.
I was doubting the use of the im's too, but thought I'd ask to be sure.

And no, we're not basing her occupation as the reason she's unfit. There's a whole lot more.
 

Zephyr

Senior Member
My husband and the mother are cousins.


sorry, I've got to say it, THAT is straight out of Jerry Springer! :eek:


so why don't you guys pursue TPR or voluntary TPR and you adopt the child.
 

kwhaley

Member
WANNACRY said:
My husband and the mother are cousins.


sorry, I've got to say it, THAT is straight out of Jerry Springer! :eek:


so why don't you guys pursue TPR or voluntary TPR and you adopt the child.

OH NO! lol. My husband is not the baby's father.

We are looking into to TPR. That is my main goal at this point.
 

casa

Senior Member
kwhaley said:
What is the name of your state? NC

This question was asked earlier but in a different state. Are emails allowed as evidence in NC? What about instant messengers.. such as yahoo?

Does anyone know if prepaid legal services (any of them) fight for child custody?

Thanks for the help.
I was allowed to use e-mail, but not IMs. But, I'm in CA. The reason I was allowed to use them is I was letting the court know what the other parent was promising to do re; insurance- the other parent lied in court- the judge asked me if I had proof and I said I had the e-mails, and he allowed them. :D
 

kwhaley

Member
I guess it would depend on the situation and maybe the judge then? I'm going to save all my emails "just in case". You never know. Thanks a bunch!
 

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