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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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email evidenceQuestion:

Can an email sent by my ex-wife to a fake online profile I made be used as evidence in a child custody modification?

My ex-wife is dating a convicted felon who she brings around our kids, though she repeatedly denies it in court. I created an online profile, friended my ex-wife, and she opened up in an email to this fake account about her new boyfriend and his criminal past, including a domestic violence charge.

Can I use this email as evidence in court to prove she has lied in the past and is in fact bringing a violent felon around our children? I would like more child custody and to ensure this man is not around my children during her parenting time.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan law where I am licensed to practice.

Whether or not you can admit this email in court depends upon a number of factors. You will need to verify its authenticity and that it was in fact your ex-wife responding to the email.

In my state, under the Michigan Evidence Rules this email would be considered hearsay; however, there are exceptions to the hearsay rule and a party admission is one of those exceptions.

This means if a party to the matter makes a statement against their interest that statement can be used against them in court.

You will need to call your ex-wife as a witness and question her about the email. If you can verify the contents of this email and get your ex-wife to admit that she responded to the email then you should be able to admit the email as a party admission.

However, the court always has discretion regarding what evidence it will admit. If the court deems this to be a waste of time it will likely not admit the evidence.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kathryn Carruthers, an associate attorney in the Michigan offices, contact Cordell & Cordell.


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