New Evidence In Custody Case

Ask Your Question For Free

Summary

If you discover new evidence in a Georgia custody case, you can file a motion for a new trial, set aside the judgment, or request reconsideration. Presenting new evidence on appeal is generally not allowed. You have up to six years to file a motion to set aside for extrinsic fraud. Consult a local attorney for personalized advice.

Full Conversation

I just found out that my coparent lied to the abuse investigator in our custody case and now have proof of the lie. However, the abuse expert diagnosed me with vulnerable child syndrome based on my coparents lie. What can I do now if the Judge has already ruled and accepted the abuse experts report
I'm sorry to hear about your situation, ****. It's essential to know where this case is taking place because laws can vary by location. If you have new evidence, generally, you can:
*. File an appeal.
*. Request a new trial.
*. File for a modification of the custody order.
It's recommended to consult a local attorney to guide you through the process.
Ga
Thank you for your response, ****. Could you please tell me in which state this case is taking place?
Georgia
In Georgia, if you have new substantial evidence that was not available during the initial trial, you may be able to:
*. File a motion for a new trial.
*. Appeal the decision.
*. Request a reconsideration of the custody order.
Please consult a local attorney to explore these options.
how can I present new evidence on appeal if it is not already part of the record
In Georgia, presenting new evidence on appeal is generally not allowed. However, you may be able to:
*. File a motion for a new trial.
*. File a motion to set aside the judgment.
*. Request a reconsideration based on the new evidence.
Please consult a local attorney for personalized advice.
What is the limit of statute for filing a motion to set aside based on a lieOk thanks
In Georgia, you generally have up to six years from the date of the judgment to file a motion to set aside for extrinsic fraud, such as a lie. Please consult with a local attorney for more specific advice.
ok thanks
You're welcome, ****! If you have any other questions in the future, don't hesitate to ask. Good luck with your case.