Want a fair Child Custody fight with DHR or CPS? Know this rule...

Dealing with DHR and feel like you’re outnumbered? Ever been in a court hearing with DHR and there were like 4 or 5 folks from DHR on the Other Side against little ol’ you? It’s gonna feel like it’s you against the world in a DHR Child Custody case without adding to it the stress of going up against a room full of folks aligned against you each time you’re in court.

That’s why there’s Rule 615 of the Alabama Rules of Evidence. (which you can read yourself at http://judicial.alabama.gov/docs/libr.... Lawyers and judges call it “the Rule of Sequestration” or simply just “the Rule,” and it has particular and consistent application to Child Custody involving DHR.

To summarize, any witness or potential witness, who isn’t a party to the case, must be outside the Courtroom during evidentiary hearings. Any organization who is a party must designate its representative. I.e., DHR must pick who stays in the room.

The policy logic is that preventing multiple witnesses in the room during an evidentiary hearing allows for an independent review of their testimony. But, we believe that there’s an important practical element. The “show of force” DHR brings with its small army can have psychological effects on all participants including the judge deciding your Child Custody case. Here’s all these folks staring the judge in the face who feel a certain way about you and your fitness as a parent. They don’t even have to testify; they cast their vote by mere geography.

Rule 615 allows you to even the teams and, to the extent possible dealing with DHR, have a fair fight, at least in the Courtroom.

This isn’t legal advice; the rule says what is says. But, if you have specific issues or questions about your Child Custody case, we’d love to hear from you. You can call or message us through Facebook or our website, or you can even schedule your consultation online, anytime 24/7, by visiting https://www.thinkfoxtrot.com/public_c....