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How do I file evidence for a court case legally when I file for full custody of my daughter?

Atlanta, GA |

I have court ordered visitation and I am paying Child Support. I have filed with the courts for full custody of my daughter because I feel she is in "Emminent Danger." I know my X is getting a Lawyer but I can not afford one so I have to be on point with the evidence I have. My evidence is very compelling and very strong, one piece of it is a Police Report showing 3rd degree child abuse by my X's boyfriend and it involved my daughter. How do I file my evidence with the courts so it is legal?

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Attorney answers 1


The rules of evidence are complex and you really need a lawyer. That said, a police report would be hearsay and inadmissible. You would need to arrange to have the police officer, who prepared the report, testify in person. If the hearing is a temporary hearing, you could file an affidavit 24 hours prior to the hearing. At a temporary hearing, you can call only one witness in addition to the parties.
Affidavits are not allowed if the hearing is a final hearing. At a final hearing, you must call the witnesses to testify and can call as many as you want.
You need to find out if the boyfriend was convicted or pled guilty to any charges. If so, get a certified copy of the conviction or plea.
There are many pitfalls with regard to the rules of evidence. Consult with a lawyer if possible.

Legal disclaimer: In answering your question, my law office and I are not undertaking to represent you, and you should consider hiring counsel to assist you. The answer provided is based on brief and limited information and therefore, there may be facts that would alter the answer provided.