Pitman, NJ asked in Child Custody for Pennsylvania

Q: Child talks about Mom getting drunk while he is with her. She lives 1 1/2 hr away. DO I have any legal grounds?

When it is only hearsay from the child?

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: I think you posted a similar question which I just answered. In answer to your hearsay question, generally speaking, repeating what someone else told you is always hearsay unless that person is there to be questioned by the other side. If you'll review my other response, you'll see that I gave you some of my thoughts on how a six year old might say one thing which may, in fact, have a completely different meaning to an adult. Also, children of that age still have a loose concept of time. Everyone's familiar with "Are we there yet?" which is repeatedly asked. Children will also often condense multiple incidents into a single one and expand a single one into several.

I suggested that you try to get the mother's agreement to take the child to a counselor because, in a counselor's office, the child may feel comfortable wth repeating what you've been told. That will give you more support for taking mom to court. I also suggested that you meet in person with an experienced family law attorney in your area to discuss any options available to you under the terms of your custody order.

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