Legal Question in Family Law in California
What is permissible in court?
I would like to hire a private investegator to follow my ex. If I get pictures of his misconduct ie. drinking & driving, using or selling drugs, fighting, or anything else in this category, can I present them to the judge? My ex is abusive, on drugs, and homeless. I would like to use the evidence to terminate his parental rights. Please help.
3 Answers from Attorneys
Re: What is permissible in court?
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NOW, IN RESPONSE TO YOUR INQUIRY --
The California Evidence Code would be controlling. Your investigator can testify about what he or she personally observed. Also, if he or she properly authenticate photographs taken by him or her, they too can be admitted into evidence. You, however, can not testify about what the investigator told you as that would be hearsay (although there may be an exception to the hearsay rule that might allow such testimony under certain specific circumstances). Best bet: have the investigator available to testify.
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us on LawGuru, and good luck with your case.
Re: What is permissible in court?
Do it. that is allowed.
Re: What is permissible in court?
All of what you describe is permissible, and would certainly be weighed by the judge in determining custody of the children and what's in the childrens' best interest. Good evidence from a private investigator would be extremely important, as many people allege such bad behavior, but do not have credible evidence to prove it.