I live in Fl, Is it normal for the other parties lawyer to want to depose you in a family court matter?

Asked about 2 years ago - Fort Lauderdale, FL

I was recently involved in a domestic violence situation with my daughters father, I filed for a restraining order, which is currently in place he then filed a paternity/custody/child support against me however my daughter is 16 and all of this was awarded me in 2002, I filed my answer and requested that his suit be dismissed, however before hearing back from the court regarding my answer, I then received another letter from a different lawyer he hired now wanting an emergency hearing on a total different matter regarding my daughters medical/psychological care, which I have been her sole provider in all her medical/psych/dental/vision, and now we are going before a magistrate next month, and now his lawyer is wanting me to give a depo and to supply my medical, bank, and employer records.

Additional information

Why are they requesting these documents? I have a restraining order out against him, he has a long criminal and domestic violence history, why is my lawyer allowing this to continue?

Attorney answers (9)

  1. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    16

    Lawyers agree

    Answered . Yes, depositions are very common in family law matters. You should hire an attorney.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  2. Barry Vernon Newton Jr.

    Contributor Level 6

    15

    Lawyers agree

    Answered . Depositions are common in paternity actions. Your bank and employer records will be relevant to the child support awarded and medical records could be relevant to the time-sharing issue. As Ms. Genarina Bernal-Mora said, you should hire an attorney.

    This answer is for general purposes only and does not establish an attorney-client relationship.
  3. Marian Audrey Lindquist

    Contributor Level 17

    13

    Lawyers agree

    Answered . It's normal if your ex has money and wants to be aggressive. I agree with the other attorneys that you need a lawyer, doubly so when you are against a lawyer.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  4. Heather Morcroft

    Contributor Level 20

    12

    Lawyers agree

    1

    Answered . The procedures in litigation allow for what is called discovery. Depositions are part of discovery and are appropriate for any issues which are legitimately before the court. If you believe, based on a past history of domestic violence, that your father's daughter may be using these procedures to harass you, or if you simply disagree, you would be best served by getting a lawyer. There are provisions in the law designed to prevent litigants from abusing the process. However, it is important to remember that not everything we don't like is an abuse of process. Perhaps once you get a lawyer a mediation might help de-escalate the situation. Your lawyer could ask the court to order a mediation if it was appropriate, and could help make the situation less threatening to you. Also, most family courts have something called parenting coordinators, who can often get involved in high conflict situations. There is a fee for there services, and I would highly recommend consulting with an attorney before making the decision as to whether or not to involve a parenting coordinator, or ask the court to appoint a guardian ad litem for the child, which is another option.

  5. Joshua Gammon Sheridan

    Contributor Level 4

    10

    Lawyers agree

    Answered . Depositions in Family Law matters are not uncommon. Absent filing for a protective order and getting it granted, either on their request for deposition or request for documents, you will have to submit to their request. Unless the other party is filing for a modification, If certain matters were previously adjudicated by the Court, you may have a res judicata argument. You should consult with an attorney.

  6. Paul V DeBianchi

    Contributor Level 3

    10

    Lawyers agree

    Answered . It is routine to have one 's deposition taken in a family. I agree with the lawyers who have already stated as much. However, I am more concerned about the other lawyer wanting your Daughter's medical/ psych/dental /vision records. I assume your daughter wants to remain with you. Your daughter is entitled to have a Guardian ad litem appointed to protect her privacy nterests and oppose automtically providing the records. Further, unless the petition for modification was filed that records be automatically turned over.

    Paul V. DeBianchi, Attorney at Law
    Paul V. DeBianchi P.A.
    111 S.E. 12th St.,
    Fort Lauderdale, Fl. 33316-1813
    phone: 954-764-6133
    Fax: 954-764-6131
    e-mail: debianchi236@BellSouth.net
    Personal Injury and Wrongful Death
    Probate, Wills, Trusts, Guardianships and Estates
    Dissolution Of Marriage, Prenups, and matters as to Children
    General Litigation and Business Services
    Real Estate Purchases and Sales
    General Practice Services

    Please visit our website at: www.DeBianchiLaw.com

  7. Scott Michael Weiss

    Pro

    Contributor Level 11

    9

    Lawyers agree

    1

    Answered . In almost every contested family law case depositions are taken. Depositions are a powerful discovery tool, which allow the opposing side to find out certain information prior to a trial/hearing. If you do not have an attorney and can afford one, I would recommend your hire an attorney for the deposition. Very often lawyers attempt to overpower or intimidate none represented parties during a deposition.

  8. Sema Yildirim

    Contributor Level 13

    9

    Lawyers agree

    Answered . Depositions are very common. I recommend that you hire an attorney from your jurisdiction.

  9. Roberta Kohn

    Contributor Level 2

    9

    Lawyers agree

    Answered . Yes, it is not uncommon for an attorney to depose a party in a family court matter. In addition to discoverying information, the attorney will ask similar questions to those he intends on asking at the upcoming hearing. It is highly recommended that you obtain counsel to represent you.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,832 answers this week

2,704 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,832 answers this week

2,704 attorneys answering