Father is currently under investigation with the police department based on allegations of abuse of our child. There is a joint custody agreement in place and a final judgment was entered on the divorce days ago. I filed an OSC ex parte to change the custody agreement pending the outcome of the case and the judge flat out denied it based on hearsay problems. He set the next hearing to hear the modification. What do I need to do at the next hearing? Do I bring witnesses? Evidence? Is it a mini-trial? – Kortney






Answer:
Kortney: It is a mini-trial and you will need testimony of witnesses and any other evidence you have to present. Out of court statements, including documents, will not usually be allowed unless they fit within one of the hearsay objections.
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Posted by James J. Gross on 25 Aug 2010