Q: Wondering what type of questions and evidence are permitted in a custody hearing? And what type of questions to ask?
We are preparing for the hearing to finalize our divorce and determine custody and child support. We are both representing ourselves, I'm wondering what type of "evidence" is allowed, like a message from someone who can't appear? Also what type of questions should I be asking the witnesses? If a child is in therapy would a statement from the therapist be sufficient or would the therapist have to appear?
Also if I'm applying for maintenance, do I use the time we were officially married or does common law marriage time count?
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A:
You really need to consult with an attorney, as it would take a lot longer than what one could write in a question and answer forum to tell you what you need to do to prepare. In terms of your specific questions:
1. A message from someone who can't appear is hearsay and is not admissible in court. If they can't appear you should consider filing a motion for them to appear by phone.
2. The therapist writing a statement would also be hearsay. You would need the therapist to appear.
3. For maintenance purposes, the length of marriage matters. A common law marriage, presuming you can prove a common law marriage and have plead a common law marriage in your court papers, is every bit as much an official marriage as a ceremonial one. Again, you would have to prove the common law marriage and when it started.
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