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Can my child's father bring up rumors that he has heard from people during mediation or court when he doesn't have proof of it?

Omaha, NE |

When parents separate, I've noticed that people start talking and making rumors up so things get started and more difficult. However, people are telling my child's father things are going on that shouldn't be around my daughter and where I live. Since my child's father heard this, he assumes it's true. I'm not going to sit here and try to convince him that it's not true. I know the truth and that my daughter is safe and what goes on around my house. However, is he allowed to bring these so called allegations up in mediation or court since it's all hear say and he has no proof of anything going on except what people have told him?

Attorney Answers 4

  1. He can bring up whatever he wnts in mediation. It is not a formal court hearing or trial. He can not use hearsay in court.

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  2. Of course, I am not in Nebraska; so consider that. Your question involves apples and oranges. In Mediation, the floor is basically open; however, in general, if mediation failes; it is considered part of negotiations and cannot be discussed at court. As far as Court, there are simply too many variables for any attorney to answer here on AVVO with the limited information you have provided. Depending on the allegation, if it involves abuse; most states have laws that require a person with knowledge of abuse to report it to the Dept of Children Services (or your states version) and could be in violation of criminal law if they do not. Obviously, your post does not communicate what the allegation is. You bring up hearsay, but do be aware that there are exceptions to hearsay, so there is not a blanket "no" on all hearsay. You would be wise to consult an attorney in your area before attending mediation or court. The results of either can have lasting implications without solid legal counsel. Good luck.

    The preceeding is for educational purposes only and an attorney/client relationship is not established. Laws in all states may vary.

  3. He would not be able to bring it up in Court, as there the hearsay rules apply. However, in mediation there is no hearsay ruling. You can certainly mention that there is no evidence of these things, and that you want to stick to the facts during mediation, but there is no law preventing him from bringing it up in mediation. Although, such things should not be mentioned in any mediated plan between the two of you that might be presented to the court.

    I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.

  4. Unfortunately he can bring it up in mediation. Wiithout evidence, however, it will not likely hold any weight.

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