Legal Question in Family Law in Virginia
Alcoholic Non-Custodial Parent
I have custody of my 2 year old son. His father has visitation on Fridays and Sundays. He has brought the child home on several occassions after comsuming alcohol. He also has call and harassed me and my mother, cursing my other other child (not his). We have a criminal charge for the phone calls against him. We also have a date coming up for a motion to amend to get only supervised visitation and phone regulations. I have several witnesses to the harassment and alcoholism. He also was charged with a DUI not long ago (approx. 2 months). What are considered legal statements from family and friends regarding these incidents without having to drag everyone to court? Is a notarized statement admissable to court as evidence?
1 Answer from Attorneys
Re: Alcoholic Non-Custodial Parent
You will need live testimony, i.e., you�ll have to drag everybody to court. Affidavits only will
not cut it. Sorry about that. It is a good idea to get your witnesses to agree to come. You should then subpoena them as a safe guard. You never know what can happen, i.e., car accident
emergency, etc., and if you have them under subpoena, then you have grounds for a continuance
if they don�t show up.
Given what is at stake you can�t afford not to have all the evidence that is available to prove your case. Also give what is at stake, I think it is foolish of you not to be represented by counsel. You don�t know the rules of evidence or how to put in a case. If he shows up with an attorney all you potential evidence may not get in and you may loose. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
