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Hey socrateaser,you answer like no other. When there is family/domestic violence where the kids are involved, and there are witness that have given testimony, doesn't the Judge have to consider it even though there wasn't a convicitionthanks in advance for all your helpthe judge tried to tell me that i chose to try to take this on myself yesterday (relating it to my complaining about no change in material circustances by Mother...sorry to ramble
Optional Information: Country relating to Question: United States State (if USA): Tennessee
The judge must consider "evidence of physical or emotional abuse to the child" in making a custody decision. TN Code 36-6-106(a)(8). However, it's up to a proponent to get such evidence into the court record. If it's not in the record, then the court cannot consider the evidence, no matter how credible.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
ok, so as long as i enter the transcript of the witness Testimony with the court then it becomes part of the record
No, you have to actually read the relevant portion of the transcript into the record, unless the court admits the transcript verbatim under the public records exception to the hearsay rule. Hope this helps.NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question (“To Socrateaser”), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
REALLY, so when i tried to impeach , i asked her about the witnesses that testified on such and such date. she acknowledged and admitted to cussing me out in front of the kids...twicethen i went back to her original question that her attorney asked her on opening date.Q: do you ever say anything negative about dad in front of the minor children.A: no mamQ: and why don't youA: because i don't feel that that is good parenting to discuss their father. I mean this is between us and i have to be respectful that he is their father no matter the problems.....while i was doing this oposing counsel snuck over my shoulder and objected becasue it was an email from my court reporter of what mother stated. but mother still acknowledged it....is that impeachment if i go back and file the transcript for the appealet purpose.
I'm not entirely following the question here. If a party admits to conduct or statements, then that admission is admissible evidence (not coincidently, this is called a "party admission."). Nothing else matters, after the party admits to the conduct or statement under oath.However, if the court sustained the objection, then the statements would not be in the record -- though you could ask the Appellate Court to overrule the court's admissibility ruling as harmful error.You cannot submit additional evidence, such as a court transcript, after the hearing has already taken place. You had your bite at the apple, the record is made, and that is "all she wrote.".Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Experience: Retired (mostly)