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.


Asked on 4/04/02, 11:55 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: What is permissible in court?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

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.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/05/02, 1:24 pm
Ken Koury Kenneth P. Koury, Esq.

Re: What is permissible in court?

Do it. that is allowed.

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Answered on 4/05/02, 12:36 am
Chris Johnson Christopher B. Johnson, Attorney at Law

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.

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Answered on 4/05/02, 2:36 am


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