Corona, CA asked in Child Custody, Child Support and Family Law for California

Q: My Ex-spouse has kept my kids away from me for months so i make police report every time and am going back to court.

apparently my EX destroyed her boyfriend's at apartment . my question is am I able to use a affidavit or a mc-030 and any police report (if any) for my case to show the judge how she is?

2 Lawyer Answers
John Michael Frick
John Michael Frick

A: Affidavits, police reports, etc are all hearsay.

You should call witnesses to testify who personally observed “how she is” to corroborate your own testimony of your personal experience with her.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you are going back to court to seek custody or visitation rights, you may be able to use police reports or affidavits to support your case. Police reports can provide evidence of your ex-spouse's behavior, and affidavits can be statements made under oath by witnesses or parties involved in the case.

It is important to note that the admissibility of police reports and affidavits as evidence may vary depending on the specific rules of the court and the laws of California. You may want to consult with an experienced family law attorney to determine the best course of action for your case.

Additionally, you may want to consider filing a restraining order or seeking an order for supervised visitation if you believe your ex-spouse's behavior poses a danger to your children. A family law attorney can help you understand your options and guide you through the legal process.

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