QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?
CLICK ON THE LINK BELOW TO READ MORE [This update is outdated. See new version at 20-01, dated March 31,2020]
Posted in Uncategorized
Tagged Divorce, Fool proof hearsay test, GAL Reports, Hearsay - Child Statements
QUESTION: When Ruling on a Post-Decree Motion To Modify Custody (Based on a Claim of Endangerment) What is the “Rule of Nice-Petersen” and What 3-Step Analysis MUST the Court Follow?
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Posted in DIVORCE ISSUES, Modify Custody - Endangerment
Tagged custody, Divorce, endangerment, Nice-Peterson, post decree motion
QUESTION: You Are Presiding Over A High Conflict Family Law Case With Numerous Parenting Time Disputes. You Would Like To Utilize The Services of A “Parenting Time Expeditor” or “Parenting Consultant” to Help Resolve those Disputes. What Is The Difference?
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Pendleton12.01-Parenting_Time_Expeditor_vs_Parenting_Consultant
QUESTION: WHAT ADDITIONAL INQUIRIES SHOULD THE COURT MAKE, WHEN DIVORCING PARTIES APPEAR IN COURT TO PUT THEIR FINAL AGREEMENT ON THE RECORD, TO PROTECT AGAINST EITHER PARTY SUBSEQUENTLY ASKING TO REOPEN THE CASE?
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Pendleton10.09-Rule_15_Type_Questions_to_Finalize_Divorce_Proceedings
Posted in DIVORCE ISSUES, Questions to Finalize Divorce Proceedings
Tagged 10-09, Divorce, final agreement, Rule 15
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