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Testimonials?

northernsiren's picture
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In probate/family court, is there a way to introduce testimonials of concerned parties to the proceedings?

We are hoping to avoid it, but we may end up in court over custody of SD14 in the near future. In the course of doing our own due diligence on this, several of BM's family members have spoken frankly on their opinions that SD should be with us. Both BM's father, and his wife, plus an aunt, have all voiced their opinions to myself, F, and SD that she would be better served with us, and that BM is not providing a good environment for her.

I know that it's not a situation where people "testify" but is there a way of getting letters from these people admitted into the proceedings? These are people outside of SD, F and myself that have seen first hand what goes on, and have based their feelings on years of BM treating her badly.

Thoughts and comments, as always, are appreciated! Smile

smurfy1smile's picture

They are called affidavits and they are sworn statements that are notorized and can be offered to the court. They can talk about your character, things they have witnessed regarding whatever you are going to court for, etc.

northernsiren's picture

thank you for that clarification!!! Is it worth it to get these? How are they handled? Does just the judge read them, or will BM be reading them too? It's one thing for BM's father and step mother to voice these feelings to us, entirely another to take a stand against BM. If it was just for the court, that might be easier...

Thank you!!

stepmasochist's picture

he said it could be helpful if it comes to that, but so far it hasn't. I'm not sure if character witness was the proper term, but he didn't correct us.

I'm sure testimony wouldn't be anonymous, so I'm not sure how much this information can help in your case. I'm curious to know how that's going btw since you mentioned her dad was footing the legal bills for DH's side.

~The best gift parents can give their children is to love each other.~