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Asked 12/12/2007

WHAT INFORMATION IS HELPFUL IN CUSTODY???

ME AND MY HUSBAND ARE PREPARING TO GO TO COURT FOR CUSTODY OF HIS SON, AND I NEED HELP??? i HAVE A RECORD (LIKE A SCHOOL AGENDA) SHOWING ALL THE DATES AND TIMES WE HAVE HAVE HAD HIM, WHEN SHE HAS TALKED TO HIM, AND RECORDING CONVERSASTIONS BETWEEN HER AND MY HUSBAND CAN THIS BE USED IN COURT?, ALSO SHE HAS MOVED SERVERAL AT LEAST 8 TIMES IN THE PAST 6 YEARS CAN THIS BE USED AGAINST HER?? AND SHE HAS A CRIMINAL AS A ROOMATE, CAN THAT BE USED IN COURT, AND HER OWN ARREST AND CRIM RECORD? WHAT THINGS CAN WE DO ON OUR OWN TO START PREPARING FOR THIS, IS THERE INFOR I CAN START KEEPING?????

 
 
 
 
 
Answers

Answer 1/1 - Submitted 12/12/2007

Documentation is very important, it helps the court make decisions. Keep your documentation simple: Allow a judge to understand your case in a few seconds. Don't over complicate. Condense the major points, then have additional paperwork with more details to support the points.

Regarding the recorded conversations, was the mother aware she was being recorded? You need to be very careful about bringing recorded conversations into court. Some states don't like people recording others without their knowledge or consent.

The mother having moved several times may or may not matter, it depends. In general, social workers want the mother to be with the kids, even if the mother is moving a lot. Everyone agrees it's not the best circumstance, but it's better than the child not having their mom. If the mom cannot provide or is physically abusive that's different.

As for the criminal roommate, what crimes the roommate committed matter. There's a big difference between someone guilty of a violent crime vs. someone guilty of a minor crime. Again, the court will consider everything. It comes down to this question: Is the child in danger? Is the roommate normally a good person who made one small mistake, or a bad person with a pattern of poor choices.

If you have photos of the child's room that might show that you have a secure environment for the child. I don''t know if a judge would look at that or not.

I hope that helps, good luck!

 
 
 
 
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