Jonesboro, GA asked in Divorce, Family Law, Child Custody and Child Support for Georgia

Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were "blurry and unreadable, and therefore useless." I have a copy of the petition, and the screenshots are very clear - you can read them perfectly. When I asked my ex to show me the copy of the petition he received so I could verify that they were in fact unreadable, he refused. What can I and/or my attorney do about this?

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you may want to consult with an attorney. Even if your evidence is readable, it may not be seen by the judge if you don't know how to properly get it into court.

1 user found this answer helpful

Michael D. Birchmore
Michael D. Birchmore
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Since you already have an attorney, we cannot provide any advice for you. You should speak with your attorney regarding your questions here. Your attorney is the only attorney that knows what is actually going on from a legal standpoint.

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