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How to subpoena work travel history for Custody battle.

Grand Blanc, MI |

Father says he works from home and does not travel. I no he travels my little boy just said "daddy hasn't been home in days". How do I get proof he isnt there with him? He also leaves him with a girl that openly admits in court she stalked my son and me for my sons father. "driving by my house at all house and watching us at school and Halloween". What can I do to prove he isn't a stay at home father?

Attorney Answers 2

Posted

You are right to be concerned, and you are correct that if you want to reduce father's parenting time you must have real evidence. A word of warning: courts take a dim view of using children to "spy" on the other parent, so be very careful that whatever evidence you put together is independent of your little boy's reporting. How you obtain evidence is not really within the area of expertise of lawyers. However, how that evidence is used is a legal issue. Once you have a case you feel confident going forward with, be sure to consult with an experienced family lawyer to help you achieve your goals.
Laurel Stuart-Fink
(248) 626-5450

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Posted

I agree with the spy thing his father does that all the time. I just asked him how his basketball event went since I switched days for him to go and he was confused about what I was talking about. Telling me "i dont no what your talking about and daddy has been gone for days" That's when he said it to me. So I asked him who was watching him that's when he told me. Then I ended the conversation.

Posted

Is there an issue before the court? Without a matter before the court, one does not have the right to seek information through the court process, such as a subpoena. If there is an issue before the court, I would suggest to retain the services of a family law attorney to assist in getting a subpoena (which an attorney has the authority to sign and issue) directed to his employer for the information you are seeking. A subpoena must be served in a particular manner and a witness fee must accompany the subpoena.

Neil M. Colman
www.divlawyer@gmail.com
586.254.1100

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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