Access to evidence, legal advice appreciated

[Eleven]

I am NOT a lawyer. My understanding is that discovery only applies if you have been charged. If its an ongoing investigation, good luck. Either way this dude NEEDS a lawyer yesterday. No matter what (guilty/innocent/charges pressed/case dimssied) the ex WILL be using this against him for her sole custody claim. I guarantee it.

 

[Q_Sertorius]

I am NOT a lawyer. My understanding is that discovery only applies if you have been charged. If its an ongoing investigation, good luck. Either way this dude NEEDS a lawyer yesterday. No matter what (guilty/innocent/charges pressed/case dimssied) the ex WILL be using this against him for her sole custody claim. I guarantee it.

Yes, discovery doesn’t begin until after the suspect is charged. He doesn’t have a right to the evidence until then. And in some state systems, that can be fairly late in the process.

 

[thinhorn_AK]

I am NOT a lawyer.

once you become a WKR, you can pretend to be one though.

 

[Matt5266]

Correct I was stating as if he was charged.

 

[Burnsie]

First thing I thought of was the Ex could have made the accusation to the police, knowing that even being suspected and/or investigated for CP would trash his chances for custody of his child. Custody battles can get vicious.

 

[Q_Sertorius]

First thing I thought of was the Ex could have made the accusation to the police, knowing that even being suspected and/or investigated for CP would trash his chances for custody of his child. Custody battles can get vicious.

Yes, this is one definite possibility. Especially when people are going for sole custody. Trying to take a woman's kids away puts her in a totally irrational state (irrational even for a woman). Expecting a person to behave morally and honestly in that situation is like expecting a cornered rat to just lie down and die.

When I went through my divorce, I wasn't thinking of seeking sole custody, but my extended family wanted me to do that. So, I asked about it. My lawyer heard all the things I had to say about my ex- (none of them in the realm of child abuse, dangerous criminal behavior, or hard drug addiction). Then she calmly informed me that "hell hath no fury like a mother defending her young" and told me that even if everything I said was true, I shouldn't consider seeking sole custody. Because if I did, I would almost certainly get hit with false accusations of spousal abuse, marital rape, molesting my step daughters, etc. Even if I proved it was all a lie, the taint would linger around me forever. And that, unless it was truly a matter of getting my daughter out of the hands of an abuser, it wasn't worth the misery. So, we agreed to joint custody and I ended up caring for my daughter 80% of the time while her mother went off and did her own thing.