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Witnesses and Medical Evidence

Tallahassee, FL |

Hi..I have discovery coming up in a month and a trial in 2 months. I am pro se and there is nothing I can do about that. My ex has a lawyer. This is a custody modification proceding. The evidence I need is in medical records, police reports and my childs writings at school. I am hesitant to subpeona the teacher, doctor and officers. I need to prove that a medical emergency occured that involved being marchmen acted, hospitilization for 2 days and lasting injury from the medical and police reports and that my son is expressing negative feelings about the other parent . This is a 50/50 custody case, with me trying for sole. Do I need to subpeona the officers, doctors, and teacher or is there other ways, such as written reports? How and when do I subpeona? Thank you

Attorney Answers 1

  1. Trying to get "sole custody" is an uphill battle and the courts are loath to give a parent exclusive parental responsibility and time-sharing. Be realistic and recognize that unless it would be in the child's best interest not to do so, the court will not give you "sole custody."

    That being said, you should subpoena the hospital and medical records, not to mention any police reports. You may need the court to give you permission to subpoena such records. You can subpoena the individual witnesses or you could subpoena the custodian of records. Either could work.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

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