Q: Can unsubstantiated charges through DCF be brought into a family law case and what protections to keep them out?
Ex-husband who was emotionally and physically abuse during marriage was not granted visitation through divorce. He is not attempting to get visitation and may have been a party to making allegations through use of his girlfriend to DCF about myself and my husband that resulted in a 51A. There was an investigation and the charges were unsupported. He is now seeking to have the records subpoenaed into the trial and calling the supervisor as a witness. Do I have any recourse to this as they were not supported?
A:
You may bring opposing evidence. If the issues are relevant, I see no reason that they cannot be brought into the case.
See: http://www.aeesq.com/divorce-attorney/child-custody/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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