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Can DCF records be used in my Custody Case?

The Court can use any credible evidence, that conforms with the rules of evidence, in making determinations about custody. The Court often has to weigh the source of the evidence as well as the content of the evidence presented. This is the same for DCF records, although there are limitations on how this information is obtained by the Court. In a recent case, the Supreme Judicial Court of Massachusetts, reviewed and stayed certain informal procedures that were being used in the Hampden Division of the Probate and Family Court to access the confidential information contained in Department of Children and Families records. Brantley v. Hampden Division of the Probate and Family Court Department, Mass SJC-10343 (2010). When DCF gets involved with a family it is usually an indicator that there is some danger of neglect or abuse to the children. Naturally this information could be useful for Probate and Family Court Judges to be aware of in making determinations. However, there are l...