Can I use newly discovered evidence that is dated before my last visitation hearing to prove my ex is an alcoholic?

Business 5 views 1 answers
I filed motion for visitation last year.During the discovery process she made all of her social media accounts private so I could not obtain any evidence that could be used against her.I cannot prove that, but after the hearing she made everything public again. Now I have over 60 pictures of her and her friend drinking excessively, 6 different pictures of her passed out drunk, 3 videos and a bunch of tweets talking about how she wants to get wasted. One of the videos is of her taking "BJ shots" from a guy at the bar the 2nd one is her falling over drunk and the last one she is passed out on the toilet with her head in the trashcan while her friend is yelling for her to wake up.My son and his mother are have been living her friend. It seems they are always drinking. The problem is, about 80% of those were dated before we went to court.I know she is still drinking she just posted a picture a couple weeks ago of her and her friend drinking.Those are the pictures I can see I can't imagine what's on her phone that I can't.Can I still use those photos if we go to court and can I request for judge to look through her pictures on her phone to make sure she is not drinking like that again?

Attorney Answer

1
Cathy Cook ·
You indicate initially that there was discovery for the first hearing. If so, and you asked for her social media posts, but she failed to provide the ones you have now found, you may be able to use them due to that. You could also do a request for admission regarding her drink. I'm completely denies the drinking, you could use for impeachment. These are just some suggestions. Evidence can be a complicated issue, even for attorneys, so you really need to get counsel to assist you.
0 upvotes

People Also Asked