Q: I’m looking for help with admitting evidence in a probate court. I have several questions about the procedures.
I live in Massachusetts. This was a case of clear family abuse by the father yet he somehow was able to settle for joint custody of the children. There have been two additional hearings since the divorce was finalized. Both were the mother asking for custody after the father did or allowed something heinous to the children. She’s been denied thus far but each time the judge has warned the defendant he was dangerously close to losing custody. Since that time he has just continued to put the children in danger and put their wellbieng second to his own on countless occasions. This time I have proof he has been giving my underage daughter alcohol and I discovered she is using marijuana in her father’s home. I need to know when and how to submit this evidence to the judge. I know I must supply a copy of all the properly marked evidence at some time before I present it. When must I do this or can it be done at the time of the hearing as I am asking the judge to allow it to be admitted?
A: IF YOU HAVE PROOF HE IS GIVING UNDER AGE DAUGHTER ALCOHOL THEN YOU WILL NEED TO FILE AN EMERGENCY MOTION TO SUSPEND VSIITATION AND PROVIDE WHAT THE SOURCE OF YOUR KNOWLEDGE OF THIS IS TO THE PROBATE AND FAMILY COURT ALONG WITH AN AFFIDAVIT UNDER OATH.
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