I have been back in fourth for the last 3 years in a custody battle with my ex over our son. I sent certified mail to be able to move out of state to which he had 45 days to respond and did not do so. Per alabama law I should have been allowed to move no questions asked however our son is a type 1 diabetic, and dad claims I am not properly caring for his diabetes. I have letters written from the doctor and a voicemail stating we both are doing a good job they have no concerns etc but yet this has been drug out over and over. We have a court date coming up soon and I’m curious if I write a letter to the judge if it could be used. Or even if I have others who know the care given to my son by myself if they could be used. I just want this over with. I am no longer pushing to be able to move, only to keep our week on week off joint custody. However dad will not settle and has let me know he is pushing for full custody although our son has spent his last 3 visits for their entirety with my ex’s mother. I just feel helpless because I have all this proof showing I’m a good mother but because my ex knows ex judges and has even brought them to court with him that I’m fighting a losing battl
I understand your frustration. Unfortunately, letters or any out of court statement is useless from an evidentiary standpoint. It is hearsay. The court cannot consider those out of court statements without an exception to the hearsay rule. You say your ex-husband brings others to court to testify. You must do the same. Your witnesses must be subject to cross-examination. Letters are not evidence if offered to prove the truth of the statements. It sounds like your ex-husband likely has a lawyer and you do not enjoy that same benefit. I suggest you retain your own lawyer well in advance of any court appearances. Your lawyer will need time to prepare. Otherwise, it sounds like you very well could lose custody. You need the experience of a skilled lawyer to present your case. I wish you the best.
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