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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Divorced wife tragically killed in accident. One child (12

Customer Question

Divorced wife tragically killed in accident. One child (12 years). Mother has custody of minor daughter with father having visitation rights. Sister of deceased offers to Špend night in father's residence to comfort daughter. Father later discovers that sister's real motive was to search the residence for anything in order for father not to gain custody of minor daughter. This was done before funeral arrangements were even made. Is this legal and is anything found or photographed admissible in court documents. What should father do in this instance?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Well, technically, if the sister was an invited guest, she wouldn't be trespassing. If she logged on to a computer, or to an email account with out permission, that information wouldn't be admissible. Anything that was in plain sight might be admitted if it was relevant. It really would depend on what she found.

The father should be prepared to hire an attorney, but should also know that most states will find that he is the most appropriate person to raise the child since he's the father, barring any criminal activity or substance abuse that might render him unfit.