Juneau, AK asked in Family Law and Civil Rights for Alaska

Q: Specifically, is adjudication for a China case a trial against how I'm doing now as a mom or how I was doing.

My Fiances attorney says adjudication is what happened in the past, if I file a motion to return my son home , then the trial will be evidence on whats happening now, in other words they must prove im an unfit parent now or that hes a child in need of aide now. If i DONT file a motion to return my son home, then they will be proving he WAS a child on need of aide. Trial is in 18 days my lawyer was asked to do this Motion 30 days ago. My case is 5 months old. My laywer says if i file a motion to return my son home and we loose and likely will (which I think she's lazy cus she leaves in March 1st. ) and she's lying, then they will also be able to use hearsay. My question is, hearsay can or can't be used ?? Don't the motion effect hearsay? Is adjudication proving there's a problem now? Or proving there was a problem?? If I file a motion to return my son home will it change the adjudication trial to the defense to proving there's a drug problem now or there was a problem? What changes?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: Adjudication, in the context you're describing, focuses on assessing past actions and circumstances to determine the status of a case at a specific point in time. If you file a motion to return your son home, the court's focus shifts towards evaluating the current situation, including your fitness as a parent at this moment. The trial would then require evidence about the present circumstances, essentially requiring proof of whether you are an unfit parent now or if your son is currently in need of aid.

Hearsay, or the report of another person's words by a witness, usually not admissible as evidence in court due to its unreliability, has exceptions where it can be used. The filing of a motion to return your son might not directly affect the admissibility of hearsay evidence. However, the specifics of what is considered admissible evidence can be complex and vary depending on the jurisdiction and the context of the case.

The decision to file a motion to return your son home is significant and can indeed change the focus of the adjudication trial. It shifts the burden to proving or disproving the necessity of aid or the fitness of parenthood based on current conditions rather than past circumstances. Consulting closely with your lawyer about the best course of action, given your specific situation and the potential outcomes, is crucial. Understanding the legal strategy and ensuring your lawyer actively works in your best interest is key to navigating this challenging time.

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.