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NJ FamLaw
NJ FamLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience:  Admitted to NJ Bar
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If I have photos of my ex using drugs without our son in his

Customer Question

If I have photos of my ex using drugs without our son in his residence can it be used in court as evidence or jeopardize his custody?
Submitted: 7 years ago.
Category: Family Law
Expert:  NJ FamLaw replied 7 years ago.
The short answer is yes, however, you have some evidentiary problems that will need to be overcome to get the court to look at the pictures. Number one, whoever took the picture will need to authenticate it as it being an accurate picture of the scene on a certain date. If you cannot get that, the photo is likely inadmissible hearsay. If you took the picture, the question immediately pops up as to why you took the picture and were you involved in the illicit drug use.

Courts take drug use very seriously, especially where custody is concerned. If the picture tends to show he has used in the past, a drug test can be ordered. If the proof shows he still uses, custody can very much be in jeopardy.
Customer: replied 7 years ago.
What constitutes usage in the past...a week , month, year? What if Im receiving verbal drug usage info from a mutual friend?
Expert:  NJ FamLaw replied 7 years ago.
The more recent the usage the more damaging for him. In terms of the mutual friend, they need to testify or sign a sworn statement to this effect or else it is inadmissible hearsay.
Customer: replied 7 years ago.
So if our son was NOT in his residence at the time, does it help his case? Will he still continue to have the same custody arrangement?
Expert:  NJ FamLaw replied 7 years ago.
If the child was in the residence at the time, that is very damaging. It would be less damaging if the child was not in the residence but still not great news for him. Whether it ultimately impacts custody and parenting time is up to the judge, but usually drug use has some impact.
NJ FamLaw and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you very much