Legal Question in Family Law in California
what kind of evidence hold up in court for proving a parent unfit? Would emails be factual evidence?
2 Answers from Attorneys
Each case presented to the court involves the unique facts affecting that legal matter. There is no playbook on determining what is in the child's best interests. If a parent has been physically or emotionally abusive to a child, then its pretty clear this is harmful to the child and in order to protect the child, the court would limit or deny contact by the offending parent on proper motion to the court seeking this protection.
E mails showing abuse properly presented to the court in accordance with the rules of evidence would be appropriate.
This advice should not be construed as replacing the advice you should seek during an office consultation with a California lawyer skilled in Family Law.
Because of the ease with which emails are forged or altered, they are not easy to get admitted into evidence, but if you can get them admitted and they contain relevant information, they can be used.