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Can 2nd Wife Testify In 1st Wife's Custody Modification Petition

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  • 04-13-2008, 09:08 PM
    ally
    Can 2nd Wife Testify In 1st Wife's Custody Modification Petition
    Florida

    Can the 2nd wife, who has now filed for dissolution from the mutual exhusband, testify at the 1st exwife's trial for modification of custody to say that she did witness the exhusband neglecting most needs of the 1st wife's minor children?
  • 04-13-2008, 10:59 PM
    525601minutes
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Pet.
    Can or should? Unless the father has been criminally negligent or the like there is not usually testimony from other parties... But I am not familiar with your state's laws... Perhaps another member in your time zone is up late or will reply Monday.

    Until then - can you be more specific as to what the 2nd wife witnessed that you think is material in your children's custody hearing?
  • 04-14-2008, 07:22 AM
    kamikake
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Pet.
    Although I cannot be sure about the laws in Florida, I will tell you that in Maryland, you can absolutely have her testify. My ex's 3rd wife and I became quite close during their separation and she was calling and e-mailing me nearly everynight for a while, telling me her concerns for my children. (Though they had since reconciled, when I took him back to court for denial of visitation, I asked my lawyer this very question, and a judge did grant the subpoena for her. Even though they are married, and under normal circumstances she would not be forced to testify against a spouse, because children were involved, her testimony falls under a different statute. This can prove very valuable testimony if done correctly. Good luck!
  • 04-14-2008, 07:49 AM
    Baystategirl
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Pet.
    Quote:

    Quoting ally
    View Post
    Florida

    Can the 2nd wife, who has now filed for dissolution from the mutual exhusband, testify at the 1st exwife's trial for modification of custody to say that she did witness the exhusband neglecting most needs of the 1st wife's minor children?

    Define "most needs".
  • 04-14-2008, 12:29 PM
    Xena
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Pet.
    Quote:

    Quoting ally
    View Post
    Florida

    Can the 2nd wife, who has now filed for dissolution from the mutual exhusband, testify at the 1st exwife's trial for modification of custody to say that she did witness the exhusband neglecting most needs of the 1st wife's minor children?

    If the 2nd wife is properly subpoena'd and if the Judge allows the testimony- yes, 2nd wife can be allowed to testify.

    1st wife should speak to her attorney about the possibilty.
  • 04-14-2008, 03:40 PM
    BOR
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Petition
    Quote:

    Quoting ally
    View Post
    Florida

    Can the 2nd wife, who has now filed for dissolution from the mutual exhusband, testify at the 1st exwife's trial for modification of custody to say that she did witness the exhusband neglecting most needs of the 1st wife's minor children?

    As Xena points out, the Judge is the ultimate decider on spousal testimony, admissable or not.

    This USSC outlined the spousal communications privilege concerning the federal rules of evidence, and in footnote 9 it has a state list, "at the time of the decision", on the status of such privilege.

    http://supreme.justia.com/us/445/40/case.html

    fn 9: The remaining 17 States have abolished the privilege in criminal cases: see Ariz.Rev.Stat.Ann. § 12-2231 (Supp. 1978); Ark.Stat.Ann. § 28101, Rules 501 and 504 (1979); Del.Code Ann., Tit. 11, § 3502 (1975); Fla.Stat. §§ 90.501, 90.504 (1979)..................

    Here is FL's current law:

    http://www.leg.state.fl.us/Statutes/...20504#0090.504

    I can tell you though in some areas such as child abuse, the person is "compelled" to testify, unless it will incriminate them also under the 5TH AM. No privilege can be asserted.

    I know your Q concerns civil proceedings, but the evidence code is the same as far as testimony is concerned, as far as I know!!

    Bottom line, I would say, yes, she can testify.

    Of course, as stated, that is up to the Judge as far as the law is concerned!!
  • 04-14-2008, 06:16 PM
    ally
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Petition
    Thanks for all your tips and notes of caution. I'm filing Pro Se, so due caution will be necessary and taken into consideration before I go after that option.

    Thanks again everyone!!
  • 04-15-2008, 12:22 PM
    cyjeff
    Re: Can 2nd Wife Testify In 1st Wife's Custody Modification Petition
    This is every divorced guy's worst nightmare.

    Both ex wives collaborating on who can screw you deeper into the ground.

    Wow.
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