Legal Question in Family Law in Connecticut
Photos as evidence in custody case
My husband has a son from his first marriage. He and his ex share custody. She has been dating a bad character for 3 years now. Recently she filed charges against her boyfriend b/c he was abusive. Family services instructed her to stay away from him for the good of the child.
She is dating him again but denies it despite him being seen at her house multiple times in the last week. If we take pictures of him there as proof that she is still dating him, would they help my husband's attempt at full custody or do they have to be taken by a private investigator?
1 Answer from Attorneys
Re: Photos as evidence in custody case
As long as you can "authenticate" the photos when attempting to enter them into evidence, I think they will be admissable. This means that whoever takes the photos must be able to testify with credibility that that person took the photos, can state when he/she took the photos, where the photos were taken and what the photos depict as well as whether the photos are an accurate description of what the witness says the photos are.
If you take a photo and you can't identify who the person is in the photo and where that person is located because it is not clear, then you may have a problem having them admitted in the case at trial.