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Question regarding evidence

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vtech

Junior Member
What is the name of your state? OH

Are e-mails admissable as evidence in a court custody case regarding visitation?
 


LdiJ

Senior Member
vtech said:
What is the name of your state? OH

Are e-mails admissable as evidence in a court custody case regarding visitation?
Maybe...without any details that's difficult to answer.
 

vtech

Junior Member
About the noncustodial parent cancelling visitation several times or not exercising it. Kind of as a history of visitation cancellations so that I have proof that nc doesn't do what they are supposed to regarding visitation. There is a court order w/ a schedule. We also have a set date agreed upon in the e-mails to meet every month to exchange my child but nc doesn't follow that either. However there is no specific date in the court order set for exchanges.
 

casa

Senior Member
vtech said:
About the noncustodial parent cancelling visitation several times or not exercising it. Kind of as a history of visitation cancellations so that I have proof that nc doesn't do what they are supposed to regarding visitation. There is a court order w/ a schedule. We also have a set date agreed upon in the e-mails to meet every month to exchange my child but nc doesn't follow that either. However there is no specific date in the court order set for exchanges.
Visitation is a Right, not an obligation ~ Unless you are traveling a far distance (which results in unnecessary costs to you when the NCP is a no-show) then you can't do anything about him cancelling.

Now is the time to go to court to establish a set visitation schedule where specific days/times are written into the order to avoid further confusion.

The only way the e-mails would help is if you are trying to prove what schedule you have been agreeing to~ or if you are trying to recover costs associated with travel due to his not showing up (& those only if he didn't cancel- but gave you no notice at all)

What is it, exactly, that you want to do?
 

vtech

Junior Member
NC is going for custody all of a sudden but doesn't even help financially or exercise visitation properly. NC has gone months without visiting in the past. I know that I can not make NC visit & I don't try to but we do argue about it when visitation is cancelled when my child is fully aware that visitation is supposed to be happening. I just want to know for custody purposes if this is admissable in court.
 

casa

Senior Member
vtech said:
NC is going for custody all of a sudden but doesn't even help financially or exercise visitation properly. NC has gone months without visiting in the past. I know that I can not make NC visit & I don't try to but we do argue about it when visitation is cancelled when my child is fully aware that visitation is supposed to be happening. I just want to know for custody purposes if this is admissable in court.
It will probably be allowed.
 

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