Greetings. Typically the courts only allow evidence of a substantial change of circumstances from the time of the first order of the court through the subsequent hearing, so things prior to the last order should not be heard. I do not know of this case, but you are clearly in your rights to ask them to provide you a copy of the case so that you can revise your negotiation stance.
I cannot imagine that you are asking for much and since we practice in Mecklenburg County, you may want to just stop by and speak with one of the attorneys in our Charlotte office to get an even more secure feeling. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I am curious about what is admissible and what isn’t in a custody hearing. We were under the impression that anything prior to the date of divorce was a non-issue based on the fact that it was brought before the court in the original custody/divorce decree. I ask this question because the X’s attorney is playing hard ball and claims there is a supreme court case that set the precedent to allow “old” information to be admitted, but this lawyer is also known for his scare tactics and tellin 1/2 truths. We don’t have anything to hide, but she is wonderful and documenting untruths and stuff she has made up along the way to insure her success in the future. No lie or exaggeration. Example, she claims she has been abused, but no police report or photos exist (unless they are photos she has recently taken of anything that she has self inflicted or by accident and changed the date on her camera). In addition, she didn’t present any of this “fear” before agreeing to the court appointed mediation, which has a form to decline mediation if their has been a history of domestic violence.
Since the divorce, we have been clean as a whistle trying to do what is best for the boys regardless, which has meant we have lost time and a lot of battles that were clearly in our favor. It wasn’t worth putting them in the middle. Now we find that past behavior from a terrible marriage (primarly verbally abusive more on her side, but a little on both)can now be admissible.
Do you have any suggestions or insight into whether all of her allegations (false mind you), will be heard in a Mecklenburg County Court of Law)?
I truly appreciate your time. I hope I find comfort in your answer, because up until this point I was absolutely sure we would end up with more time (two weekends a month vs one weekend and more than four weeks in the summer, 1/2 of chrismas break (alternating)). We are not asking for the world.