Q: My daughter has a court hearing this week. She's been charged with an injunction by her daughter's father.
It is a false police report as he is claiming she has a mental health problem. He has been awarded 100% temporary custody. My daughter has proof from her doctor that she does not have a mental health illness and all of his accusations are false. Will she be able to get 100% custody or at least have a continuance for a mediation possibly
A: I suspect that the father has more evidence than his word that "she has a mental health problem", and he is probably not an expert anyway. Review the affidavit the father submitted for allegations of specific acts he claims she committed. Be sure that you get the doctor to appear in court to testify; what the doctor told you (or even a writing from the doctor) would be inadmissible hearsay.
Bruce Alexander Minnick agrees with this answer
A: I agree with the above, however this is a complicated matter and you would be better off hiring a family law attorney to represent you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
