Q: I have not served the defendant my affidavit and supporting evidence, do I have to ?
I have evidence to support my affidavit in a child custody hearing but do not want to serve the defendant prior to our hearing . Is there a law that I have to serve the defendant my Affidavit and my evidence prior to court?
A:
What kind of affidavit? If you are talking about a financial affidavit, yes, they are entitled to have it before a hearing. You have to serve that on the other party at least 15 days prior to any hearing. You don't necessarily have to produce any evidence unless it was requested in discovery. If you are in Fulton County, the Family Division has mandatory discovery requests that require you to share certain information with the opposing party.
You need to consult with an attorney to discuss representation so that you don't do something that cannot be fixed later.
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