I have another question up on this issue, but...
My soon to be ex-sister in law was arrested for having assaulted her adult daughter in the family home.
My brothers attorney has state that as the daughter does not live in the residence (nor does the ex-wife) that this situation cannot even be mentioned in the divorce case.
Does this make sense to anyone? It would seems to show what type of parent she actually is and would weigh on child custody for their other daughter, who is a minor.
2006-11-27 05:48:46 · 6 answers · asked by ? 4 in Family & Relationships ➔ Marriage & Divorce
Seems to me that the arrest report on the assault of the daughter can be brought up in court..
Don't know what state you live in but i would check with a different attorney to find out .. they have attorneys that will answer your first questions for sure..
I sure wouldn't want my child in the care of someone like that.
check it out further. you may be surprised that the lawyer you have just don't want to do his job...
good luck
2006-11-27 05:54:47 · answer #1 · answered by Sandy F 4 · 0⤊ 1⤋
No not really because both the mother an daughter where adults... has nothing to do with what will or may happen with the minor daughter..... an another reason would be that she no longer lives in the home where it took place it is irrelevant to the case of trying to prove her unfit.... because the judge will see it as they were adults and had a disagreement that got out of control and she is not gonna make any decisions on the youngest because there will be no solid proof she will act that way with the minor child......
2006-11-27 14:01:24 · answer #2 · answered by evil_fallen_angel41 3 · 1⤊ 0⤋
I see your point, but you need to understand the court system. Both of them are adults and the police should have been called to file a report. There is nothing that either parent could bring up in the divorce hearing due to the the child isn't underage and their well being isn't being taken into consideration for who is the better parent. As that girl's aunt, you can file a report against the ex sister in law. What she did was 100% wrong, but there is nothing that the court can do about it now. You must file a complaint then take it from there. Good luck and GOD bless.
2006-11-27 14:00:17 · answer #3 · answered by cookie 6 · 0⤊ 0⤋
The only reason I can see why it wouldn't have any weight in the divorce case, is because the mother is an adult and so is the daughter she assualted. And also because the daughter doesn't live at the residence anymore. Now if she assualted her younger daughter who is a minor, then it would have had an impact in the divorce.
2006-11-27 13:53:30 · answer #4 · answered by Bryan M 5 · 0⤊ 1⤋
My experience is that you can use it in court and I was in the similar situation where my ex, had my daughters and my ex's boyfriend would beat her butt in front on my girls. I obtained many reports on demestic violence on both of them, and with the Grace of God, I was given sole custody of my daughters and have had them for over 5 years. The arrest reports are public record and you just have to get the date and maybe pay a small fee and you have a report to use in court. Even in checking you might find other reports that you might not be aware of. Good Luck. Remember these are all legal documents and can be used as such.
2006-11-27 13:55:26 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Makes no sense...If she hits an adult that easily, it will even be easier for her to hit a younger child....Call in child welfare to check in on the child to see if she is doing okay around her mother.....
2006-11-27 13:54:16 · answer #6 · answered by ? 4 · 0⤊ 1⤋