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  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Default 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?

  2. #2

    Default 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!

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