In evidentiary hearing in Family Court regarding time-sharing, can an unsigned letter from a child’s therapist be introduced?

Asked over 1 year ago - Miami, FL

If the judge ordered the child to therapy and an interim unsigned report was filed with the Court, on a hear regarding timesharing, can either side introduce the letter? I would think it might be hearsay or even not authenticated, but have heard that rules of evidence in family proceedings tend to not be adhered to. Thank you in advance for your thoughts.

Attorney answers (3)

  1. Robert Edward Fenster

    Contributor Level 14

    Answered . Who filed it? The therapist? The court?

  2. Grant Ian Schwarz

    Pro

    Contributor Level 14

    Answered . The Florida Rules of Evidence governing admissibility of evidence are governed much the same way in all courts. For a letter to be admissible, it must first be relevant. A therapist report ordered by the Court for your child is relevant. In order for an attorney to fully answer your question, it is necessary to know more about the circumstances surrounding your case. For a free consultation please call 305-461-0200.

  3. James W Chandler

    Pro

    Contributor Level 14

    Answered . Per the Florida Rules of Evidence...No, it is inadmissible. However, if the evaluation was court ordered, and the judge requested a report from the therapist, then the judge could consider that. It should come from the therapist and be signed.

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