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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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From Mark and Ashlynn. It is my understanding that events and

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From Mark and Ashlynn. It is my understanding that events and evidence prior to the 2010 siging of the pareting plan I signed agreeing to 50.50 are not admissable in court now. My first question, is evidence that I was not aware of admissable? Example- I just learned that DCF did not tell me that the mother was testing positive for methapphetamine in 2010?
Second- The mother has two other boys, they are in the care of their Aunt. If the Aunt files for custody she would not be bound by this so the mothers drug and child abuse history before 2010 could be admitted ? But- because the case is still open for the boys she can not file for custody until case is closed? I am trying to find a way to make the judge aware of the drug and child abuse history before i signed the 50/50 parenting plan.
Hi glad to assist again. As to your first question,any evidence that is relevant is generally admissible unless there is a specific provision excluding this, that I have not seen in your case. In other words, the statute on parenting plans would have to say something like: the evidence code is amended under this section to not allow any evidence prior to the signing of the parenting plan.I do not believe that is the law here. Yes evidence that you are not aware of would be admissible as long as it is relevant. As to the second question , the Aunt would not be bound by any of this and the evidence would be admissible. The Aunt could file for the 2 boys while this is going on, but it would not be heard or ruled upon until this case is closed. Listen, I do not see that you are prohibited from giving evidence on the mothers drug abuse and child abuse, as those type of things are generally continuing problems with no real cut off dates. I do not believe that in your hearing you are precluded from questioning on these things as they are relevant. Sincerely, Steve
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