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Im in an ugly custody fight. The ad litem ruled in my favor,

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I'm in an ugly custody...
I'm in an ugly custody fight. The ad litem ruled in my favor, following the 1st ad litem's recommendation from 4 years ago. On the night before the last day in court, he switched his recommendation. Less than a month later the ad litem committed suicide.
Can I argue that the ad litem was not of sound mind in suddenly switching his recommendation? If so, what are the odds of this being successful?
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/29/2010
Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,169
Experience: Retired
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I think that the circumsantial evidence surrounding the ad litem strongly suggests that his or her reports to the court are untrustworthy. It is fundamental to evidence law, that a witness must be competent to testify. It is similarly fundamental that the witness be available for cross examination -- otherwise the testimony is inadmissible hearsay.

 

Were I in your atorney's position, I would file a "motion in limine" and request that all of the ad litem's reports and testimony be excluded and that a new ad litem be appointed.

 

Obviously, this is an expensive and time-consuming option, but the facts do not support that the ad litem's mental state was such that he or she could have competently testified for or against either parent.

 

Hope this helps.

 

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