Have an NCP not giving ADHD meds (which leads to neurologically damaging interactions with others) and am trying to figure how how to gather evidence in fiscally conservative way. Truly do not want the kids involved in court at all. Would like to avoid subpoenaing teachers and professionals ($$).
Considering TFC Sec. 104.002. Maybe an iPhone video by a babysitter or step parent who is willing to testify? Does the child need to know they are being recorded?
CP journals each conversation with child about not getting their meds, but I understand that it would take a lot of latitude from the judge to allow journals. True? It's Wilco County Court 4 - do you know this judge's tendency on similar evidence in custody cases?
Ideas on acceptability of "statement in lieu of the child's testimony" (104.006. (2)) for that judge? Is a separate hearing required to determine admissibility?
Sometimes medication is returned after visitation unused. Step parent can testify to this, but is that admissible?
Looking for some ideas here that do not involve dragging in the kids or exploding the budget for this case. (Yes, the kids are worth the $$, but must be practical.)
You probably need an expert for evidence to rebut the Texas Standard Possession Order presumption. You need the physical proof also of the ADHD medicine not being given. Your children should not need to be involved in court directly, but their best interests are involved and must be litigated. Consult family law counsel who practice in Williamson County about that judge's tendencies on visitation. Yes, the step-parent can testify. Talk to your pediatrician about what you can do regarding the medicine not being administered by the other parent.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
For a tutorial on getting evidence admitted--pay an attorney for a few hours of their time to advise, better hire an attorney to represent you. You will need to subpoena professionals or take their depositions with notice to the other side. Read the rules of evidence. Texas Rules of Evidence Rule 902(10) can be very helpful in getting business records admitted into evidence. That is separate from the family code. It used to be Civil Practice and Remedies Code 18, that you would use for medical records for some purposes. Relevant testimony is relevant.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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