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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116166
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in a 50/50 custody arrangement with my ex. My 5yr old

Customer Question

I am in a 50/50 custody arrangement with my ex. My 5yr old son came to me telling me that my exs fiance is wacking him. I recorded the conversation with my son the night he told me. I took out a TPO on my exs fiance for my son. My attorney does not seem to know if the video will be allowed into court on Monday. My ex thinks my son is a liar and is standing up for his Fiance. Is there any way to find out or know if the video will be let into court? I live in SD.
JA: Since laws vary from place to place, what state is this in?
Customer: South Dakota
JA: Has anything been filed or reported?
Customer: I have a TPO on the fiance and my ex and the fiance have filed affidavits in reply to the TPO and video
JA: Anything else you want the lawyer to know before I connect you?
Customer: Court is on Monday and my attorney is in court today and I need help as I have no way to prepare without a little guidance.
Submitted: 10 days ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Because of the age of the child and because it was not taken by a licensed therapist or professional, but a parent it is highly unlikely the court will admit the video, since the video could be attacked as a coercion by a parent and the court has no way of knowing. The court may interview the child in chambers, that is something you can ask your attorney to ask for, but just the recording is open to too much of a challenge.
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