Avoid Hearsay in Virginia Child Custody Cases

When arguing a child custody case in Virginia, it is important to present admissible evidence. There are many factors in Virginia child custody cases that impact the ruling. It's important to avoid confusing hearsay with admissible evidence.

Hearsay is the use of outside (the courtroom) statements or documents as evidence within the courtroom. Statements uttered outside the courtroom are hearsay. Likewise, documents brought into the courtroom that haven't been authenticated are considered hearsay.

If your child's teacher says that your ex-spouse was 3 hours late picking your child up from school, this is hearsay if used as evidence to prove that your ex is irresponsible. The teacher needs to testify to this fact in court in order for that testimony to count as admissible evidence.  

However, if your child came home from her father's residence and said her teacher was an idiot, this is admissible. This is because you would be trying to indicate how your ex speaks in front of your child, not that her teacher is an idiot. 

When presenting your case, you might want to explain every negative incident concerning your ex. However, it is imperative that you authenticate any paperwork or verbal evidence before you arrive at court in order to avoid hearsay objections. Your Virginia child custody lawyer can help determine what evidence to present and how to present it in court.

Learn more about factors in a Virginia child custody case by visiting our library.

At Hofheimer/Ferrebee, we understand that the happiness of your child is your #1 concern and we will work with you to address any anxieties that you may have about your child's future. Our women's divorce attorneys will work with you to ensure that you achieve the best possible child custody and child support arrangements for you and your children. Contact us today to schedule a legal consultation - (757) 425-5200.