Family Law Questions? Ask a Family Lawyer Online.
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Thank you so much for your question.
thanks for being here to answer
Do either of the parents want you to speak to the judge in their case?
I have not asked my daughter yet. I know she would be hard to convince. I live in another state than she
Are you seeking custody or visitation of the children?
You mentioned that you live in another state. Your optional information lists "Wisconsin". Are you in Wisconsin, or Is the divorce pending in Wisconsin?
Divorce pending in Wisconsin
I appreciate that information. Thank you for your patience. Please allow me to explain the law in Wisconsin:
I should start by saying that, because the nuances of every case are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the answer to the question is that although a grandmother can write to a judge in a divorce case, the judge is actually not allowed to read the content of the letter. To ensure that the court stays unbiased, the court will not consider any information unless all parties to the case have received notice and a chance to respond. Furthermore, no witness statement can generally be considered unless each party has had a chance to cross-examine the witness under oath. So even if the court receives a letter from a party to a case, the court cannot consider the content of the letter in its decision making process.
If either party to a divorce wants to let a third-party (such as a grandparent) be heard by the court, they can allow the third-party to make a statement via a declaration or affidavit, or they can call the party as a witness.
However, when the third-party is not a part of the case, and where their testimony is not invited, they are simply not a part of the action.
Whether the person is a grandparent or a cousin or a complete stranger, there is no right to be heard unless the person is a part of the case.
Ok this helps me. My only concern are my sweet grandbabies! Thank you for the answer.
Certain. I hope that this was helpful.
Did you have any other question?
Ok now i see you wrote i cannot be part of the case and that is unless there would be an affidavit?
It's possible that a party to the case may be able to introduce the statements of a non-party for limited purposes via an affidavit or declaration under oath.
Signing an affidavit or declaration under oath would not make someone a party to the case. It would just open their comments for consideration by a court.
OK..Thank You. I will talk to my daughter. This may be all that would be needed. Have a Great Night and God Bless