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FL-letter of a kid as illustrative evidence?

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DownTime

Member
What is the name of your state (only U.S. law)? Florida

I recently found a letter meant for my ex but hidden in the trash by my 11 year old. It broke my heart regarding my ex giving our 2 kids the 'option' of which parent they preferred to live with. (One chose one, one the other, I am fighting this.)

My question is, can I use this heartfelt piece of former trash as proof or illustrative evidence that despite my ex giving the kids a choice that wasn't his to give, that I still am supporting the relationship since the letter says 'I wanted to be with both my parents', among other things?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Florida

I recently found a letter meant for my ex but hidden in the trash by my 11 year old. It broke my heart regarding my ex giving our 2 kids the 'option' of which parent they preferred to live with. (One chose one, one the other, I am fighting this.)

My question is, can I use this heartfelt piece of former trash as proof or illustrative evidence that despite my ex giving the kids a choice that wasn't his to give, that I still am supporting the relationship since the letter says 'I wanted to be with both my parents', among other things?

What are you trying to accomplish? (This is a good example of why you're supposed to keep all your questions in one thread. I'm not going to go back and check your entire history for you).

That letter is evidence of lousy parenting, but that's not illegal and it's probably not going to do you any good.
 

Ohiogal

Queen Bee
Do not bring that letter in. It is hearsay. It may be something to mention to a GAL to discuss with the child. BUT DO NOT take it to court.
 

DownTime

Member
Okay, thanks, that's what I was wondering. I was thinking it would show that I am still encouraging communication with the other parent despite the situation he created.

She had just found out that he got remarried and she wasn't invited apparently, this was her response.

All in all, feels like a trust violation that I have it, and it was suggested to use it by a friend.
 

Just Blue

Senior Member
Okay, thanks, that's what I was wondering. I was thinking it would show that I am still encouraging communication with the other parent despite the situation he created.

She had just found out that he got remarried and she wasn't invited apparently, this was her response.

All in all, feels like a trust violation that I have it, and it was suggested to use it by a friend.

If your DD is not currently in counseling, then you really should enroll her it. IMO.
 

DownTime

Member
For some reason, I have no edit button in the first post to include updates. So I guess I will just go with it for the moment. :p

Anyways, I have a pending relocation petition from June of this year. Getting it moving forward has been like pulling teeth and watching grass grow, all at the same time.

Now I have an emergency motion for temporary permission to relocate, as my situation has just become dire regarding my house, as advised to me to do by a lawyer I consulted recently.

The lawyer also commented on the fact that he has never seen the courts go so slowly on a situation like mine, which is given priority by statute normally, and the courts set their own hearings on these things.

The point, and the question, is that my time is excrutiatingly limited now:

I have fair reason to believe that my ex, after taking our son and enrolling him in another school against court orders, has placed on our sons school records a note or even a copy of his request for a TRO (denied ex parte with no hearing). While I was given transcripts, I did not look at his actual files.

When I go down to view these files at the school, who has given me nothing but rude each time I go to put my info on as contact because my ex won't, and I find a note or the failed TRO request as 'in effect', would my snapping a clear image of the documents, in lieu of going through the subpeona process, be useable?

My time is dire now, and everything I have filed was done correctly.
 

mistoffolees

Senior Member
For some reason, I have no edit button in the first post to include updates. So I guess I will just go with it for the moment. :p

Anyways, I have a pending relocation petition from June of this year. Getting it moving forward has been like pulling teeth and watching grass grow, all at the same time.

Now I have an emergency motion for temporary permission to relocate, as my situation has just become dire regarding my house, as advised to me to do by a lawyer I consulted recently.

The lawyer also commented on the fact that he has never seen the courts go so slowly on a situation like mine, which is given priority by statute normally, and the courts set their own hearings on these things.

The point, and the question, is that my time is excrutiatingly limited now:

I have fair reason to believe that my ex, after taking our son and enrolling him in another school against court orders, has placed on our sons school records a note or even a copy of his request for a TRO (denied ex parte with no hearing). While I was given transcripts, I did not look at his actual files.

When I go down to view these files at the school, who has given me nothing but rude each time I go to put my info on as contact because my ex won't, and I find a note or the failed TRO request as 'in effect', would my snapping a clear image of the documents, in lieu of going through the subpeona process, be useable?

My time is dire now, and everything I have filed was done correctly.

You really should be asking your attorney.

Admissibility of those documents will depend on the judge. It also depends on whether your ex objects or not.
 

DownTime

Member
The attorney was paid for a consultation, and not hired.

But 'depends on the judge', I do think that myself so there's some hope anyways. I was just extra-hoping that perhaps an image taken by and thereby owned by me, might up the chances for me that it would be okay'd.

Both myself and the consulting attorney think that given how I get treated at the school, that there is a note somewhere...no paranoia needed lol...
 

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