Legal Question in Family Law in Michigan
What evidence is useable in a custody hearing.
I have a 3-year-old daughter with a past girlfriend whom I am no longer with. Recently, my daughter's mother was arrested for possession of ecstasy with the intent to sell. Through the federal courts, I found out that her case was closed �with prejudice�. I spoke to the US attorney who said that they are not ready to prosecute the case and that they _may_ open it at a later date. I am trying to get sole physical custody of my daughter.
A couple questions:
1) Can the arresting officer's affidavit be used in my upcoming custody hearing? His affidavit details how she sold over 2000 pills of ecstasy to an undercover officer.
2) Is there anyway I can put pressure on the US attorney to prosecute the mother? Given the officer�s affidavit I do not think that they closed the case due to a lack of evidence. I got the impression that they were more interested in her supplier than in her.
3) If I were to get a tape-recorded conversation with the mother where she admits to having had ecstasy in the house, is this admissible in the hearing?
Without proof that the mother was/is selling ecstasy, I am worried that I don�t have a case.
Any thoughts/advice are welcome.
Thanks.
1 Answer from Attorneys
Re: What evidence is useable in a custody hearing.
Through the federal courts, I found out that her case was closed �with prejudice
A dismissal "with prejudice" means that the case is closed forever and will not be brought back.
1) Can the arresting officer's affidavit be used in my upcoming custody hearing? His affidavit details how she sold over 2000 pills of ecstasy to an undercover officer
I f you can get past hearsay and it is allowed in her attorney would argue that it is only an unsubstantiated allegation which was proven to be incorrect based upon the dismissal with prejudice.
) Is there anyway I can put pressure on the US attorney to prosecute the mother?
Most likely not. Very possible your ex is working for the feds and they will not blow their investigation to assist you in a custody battle. On the contrary, they could use their resources to assist your ex if it was in their interests to do so.
. 3) If I were to get a tape-recorded conversation with the mother where she admits to having had ecstasy in the house, is this admissible in the hearing?
You may be in violation of federal wiretap laws and could be criminallly liable.
Without proof that the mother was/is selling ecstasy, I am worried that I don�t have a case. Any thoughts/advice are welcome.
You are probably correct. Contact the County MFIA (Child Protective Services) and tell them you believe that your child may be in danger. Provide them with the information that you have. If CPS files a petition in juvenile court you could ask the court to give you temporary custody. This is a lot easier than going to Family Court at first. Once you have temporary custody through the juvenile court you can petition the Family court for full custody. You will most likely have the MFIA on you side. Contact an attorney in your County and seek advice. Good luck.
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