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Judge: Abortions Relevant In Child Custody Cases

In September 2013, a Manhattan judge agreed that evidence of a woman’s prior abortion was relevant in a child custody dispute. Lisa Mehos, the wife of Texas banker John Mehos, had an abortion following a brief affair with a “longtime friend,” according to medical records and other documents obtained by Mr. Mehos.  

According to witnesses, Ms. Mehos had placed her minor children in her mother’s care while she obtained the abortion. Mr. Mehos claims that the abortion is relevant because Ms. Mehos had accused him of causing stress in the marriage, and that her adultery and subsequent abortion suggest that she may have caused some stress, as well. Ms. Mehos argues that the abortion is not relevant and violates her right to medical privacy.

Evidence in a custody case. Admissible evidence in a child custody case includes any evidence that is likely to make a material fact more probable or less probable, as long as the evidence does not unduly prejudice the other party. Child custody attorneys regularly gather evidence in custody cases that may include:

  • Emails and texts: It is truly amazing what incriminating messages people may write into text messages, post in online chats, post on Facebook or to other social media sites or place in emails. Address books and other tools may be admissible, as well.
  • Independent witnesses: Friends and family are sometimes effective witnesses, but neighbors, teachers, daycare providers and other detached individuals make even better witnesses. Be sure that there are no “skeletons in the closet” that may embarrass the witness and possibly derail your case.
  • Documents: Through the discovery process, your attorney may have access to bank records, report cards, medical records and a host of other information that can help your attorney be a more effective advocate for you. 

To schedule a consultation with an experienced team of child custody attorneys regarding your case, contact the New York office of Sager Gellerman Eisner Attorneys at Law today for representation in Nassau and Queens County, including the areas of Forest Hills, Kew Gardens and Rego Park.

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