When you are looking to relocate and you have a child custody arrangement in place, it is important that you modify the child custody order before moving. The judge will determine whether the relocation is in the best interest of the children and if you have reviewed all of your options, including that this move is in the best interest of your children based on schools, opportunities, financial or familial support, then your next move is seeking the modification. Once you’ve filed a motion to modify your child custody order and a hearing date is set, it is important to present evidence to the court that supports your modification efforts. But what happens when you have to obtain evidence in another state to present in court? If you or a loved one is seeking a modification hearing for a child custody order to relocate, contact an experienced North Carolina child custody attorney to help you with your case.
How Do I Obtain Out of State Evidence?
When you are seeking relocation, but documents and witnesses are out of state then you may already seem frustrated trying to figure out how to make the impossible possible. However, there are ways to present this evidence, and with an attorney the situation may prove to be less complicated. If you have a witness that lives out of state and unable to attend trial or just do not want to travel out of state to attend trial, then you may feel at a loss. However, there are options available to you. These options consist of arranging a video deposition or subpoenaing a witness or out of state records.
Video depositions are recorded testimony that is conducted out of court but is conducted under oath. Video depositions are generally recorded either by a court reporter that transcribes the witness’s testimony or a video camera that records while the witness is testifying. Though there are both pros and cons to video depositions, which you should speak with your attorney about, they at minimum, allow the witness to be “present” and admissible during a child modification hearing. As for out of state documents, if the documents can be authenticated or shown that the documents are not fabricated, forged, or modified then they may be admissible. In the event a witness does not want to testify or out of state documents are being withheld by anyone outside of the judge, then you can subpoena both to have available in court. This requires an attorney to complete the subpoena forms and have them served on the custodian of the documents or the witness. Though obtaining video depositions and subpoenaing records and witnesses can help in obtaining out of state evidence, there are other ways in which an attorney can get around these rules such as rather than someone testifying, finding an article or you testifying about what you observed instead. But this all can be tricky and therefore, an attorney would be best in helping you figure out the right avenues for your case to maneuver.
Need Legal Advice?
Seeking evidence that is out of state to present in a modification hearing to relocate can seem difficult. However, when you have the right attorney on your team it doesn’t have to be. An experienced attorney can take on your headaches and help you achieve the best possible results possible for your situation, because of this, seeking an experienced North Carolina child custody attorney can be deemed invaluable to your sanity and your case. Here, at The Law Office of Dustin S. McCrary we have a proven track record of helping those in need for child custody modifications and we can help you too. Contact our office today for a consultation and let us help you.