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can I use my step childrens mental health assessment and mental

 
 
 

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can I use my step childrens mental health assessment and mental helth records in divorce court to show that my wife lied and for a defence for acusations she made about me. and if so can you reference case laws.

Submitted: 983 days and 20 hours ago.
Category: Legal
Status: CLOSED
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State/Country relating to Question: California

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Accepted Answer

There is no case law specifically for this. This is an evidence question. Whether or not you can use your step children's medical records depends on the purpose for using them. If it relates to some aspect of the divorce then they may be admissible. If you just want to show that your wife has lied in the past, this would be deemed irrelevant to the present matter.

 

If your wife makes a statement, and the medical records will shed some additional light on situation then under the rules of evidence they should be admissible.

 

 

You should down load a copy of the California Rules of Evidence and be extremely familiar with them to understand what canb be admitted at trial. Your attorney can help explain.

 

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Expert: Jack R.
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Answered: 9/13/2009

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OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

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