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grandmama · May 30, 2008, 05:05 PM

I have been granted Emergency Custody of my grandchild who has lived with me since he was 6 months old. Custody was taken from his father and the mother has already had 2 other children removed by CPS a few years ago. She is now fighting me and I have a very large amount of evidence as to her lifestyle and the criminals she calls her friends. I was able to get this from MySpace where she brags about her booking photo and her site also ties her to the other people with criminal backgrounds including identity theft, robbery and drugs to start. She has a long history of criminal activity as well and shows no desire to change. She has seen her son maybe 6 times in a little over a year. How do I get the information from MySpace entered as evidence? My Attorney is old school and this is new to her.

twinkiedooter · May 30, 2008, 05:09 PM

Download everything from this web page that you can in color. Take this printed stuff to your attorney. Have her bring the webpage up on her office computer and have her read this for herself.

ScottGem · May 30, 2008, 06:07 PM

Have the attorney get a subpeona for MySpace to provide the pages.

Someone8696 · Jun 3, 2008, 10:41 AM

We are also in a Custody fight. We save everything in the Brower (Explorer, Firefox, etc), as well as save a time stamped PDF file (with Adobe Acrobat).

This will cover us, so that the evidence can't be disputed as being manipulated either way.

My father is an attorney and advised us to do it this way.

Another thing you might want to look into the case Dexter vs. Dexter in the Ohio Court of Appeals.
http://bulk.resource.org/courts.gov/...-ohio-2568.pdf

In this, My Space evidence was used in a child custody case as evidence, and the woman fought, but the court believed it was necessary and relevant (pg. 12)

Also - check this out... regarding MySpace as evidence.
MySpace on the record

Hope this helps you... good luck. It's long and tiresome, but it sounds like you are doing what is best.

cdad · Jun 3, 2008, 12:56 PM

[QUOTE=Someone8696]We are also in a Custody fight. We save everything in the Brower (Explorer, Firefox, etc), as well as save a time stamped PDF file (with Adobe Acrobat).

This will cover us, so that the evidence can't be disputed as being manipulated either way.

My father is an attorney and advised us to do it this way.

Another thing you might want to look into the case Dexter vs. Dexter in the Ohio Court of Appeals.
http://bulk.resource.org/courts.gov/...-ohio-2568.pdf

In this, My Space evidence was used in a child custody case as evidence, and the woman fought, but the court believed it was necessary and relevant (pg. 12)

Also - check this out... regarding MySpace as evidence.
MySpace on the record
Hope this helps you... good luck. It's long and tiresome, but it sounds like you are doing what is best.[/QUOTE

By altering the evidence you in effect destroyed it. If you read the links you posted it clearly states that altering is prohibited and saving as a PDF file that can be manipulated later is a bad idea.

JudyKayTee · Jun 3, 2008, 01:43 PM

Originally Posted by califdadof3

By altering the evidence you in effect destroyed it. If you read the links you posted it clearly states that altering is prohibited and saving as a PDF file that can be manipulated later is a bad idea.

I HATE it when you beat me to the punch - I was reading through some case law because I thought I had read something like this and you got there first! Never alter the format, never - I was recently hanging around the Courtroom when photographs were thrown out because they were digital and the Attorney couldn't convince the Judge they had not been altered.

My other concern would be if my Attorney didn't know what to do I would find another Attorney. This is not all that cutting edge any more.

I agree with the Subpoena idea - and I'd do it quickly. I don't know how long "old" Myspace info is available but I know firms are now doing Myspace searches as part of employment interviews and background checks.

howdy854 · Jun 16, 2008, 06:32 AM

The MySpace Evidence Rules in the document given are for a Criminal Cases... this is a child custody case. It also says the weight of the evidence will be taken into consideration, not its admissibility.
But I would go with the subponea.

JudyKayTee · Jun 16, 2008, 07:05 AM

Originally Posted by howdy854

The MySpace Evidence Rules in the document given are for a Criminal Cases....this is a child custody case. It also says the weight of the evidence will be taken into consideration, not its admissability.
But I would go with the subponea.

I don't know what you mean by MySpace Evidence Rules/criminal case or what you mean by the weight of the evidence is taken into consideration, not the admissibilty (of the evidence).

MySpace pages are subpoenaed into Court all the time - there are different standards for criminal, civil, family court, of course.

Could you clarify this for me?