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Can my ex (never married) use my journal as evidence in our custody case?

Cleveland, OH |

When I movhed out he kept one of my journals. I asked him about thart and a few other items but he told me he threw everything away. In an email he brags about giving my purses away which were among the items he said he tossed. At mediation he pulled my journal out. I asked for it back he said no. It is a few years old and used in a not so proud time in my life. I made a statement of being an alcoholic and drug addict. im not either but at the time I felt out of control but never needed therapy or anything else. After mediation I filed a police report that it was stolen and in his possession. Can he still use it?

He failed a hair folicle test and had supervised visits. the judge ordered a urine test in 24 hrs he passed that. so he now gets 4 hrs every sunday. His lawyer wants me and my husband to take one as well. We dont use drugs so we both will pass no problem.

Attorney Answers 1


  1. So you going to court, and his lawyer asks if you are a drug addict. Or if you are an alcoholic. And you answer, No. He can then introduce the journals to impeach your testimony-- in other words, using them as a statement against interest to challenge the credibility of your statement.

    How effective it is depends on the other strains of his case. The fact that he stole the journals is not entirely relevant in this circumstance... The fact that you wrote them is.

    Better make sure you have a good custody lawyer on this case. You need to defuse this little bomb quickly, before his case takes that explosion and uses it to put wind in his sails. Good luck.

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