How to subpoena work travel history for Custody battle.

Asked over 1 year ago - 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)

  1. Laurel Stuart-Fink

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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... more
  2. Neil M. Colman

    Pro

    Contributor Level 16

    Answered . 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... more

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