We are divorced and I have custody. We are preparing to go back to court because he wants custody now. His lawyer just sent me a request for production of documents. Such documents they are requesting are medical records of me, my fiancé, and his son. .. Substance abuse history, criminal history, 3 years of my income taxes, bank statements, pictures of our home, my drivers license, registration, title, proof of insurance, any social media or text email correspondence regarding anything about our children, and a list of witnesses I intend to bring.
This is not a court order but a request from his lawyer. Am I legally required to give him all of this information? We don't even have a court date. We have yet to complete required parenting classes to go forward with his custody battle.
I understand I will need a lawyer. I am in search now. Thank you!!
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
Requests for production of documents are allowed. Some requests may be overbroad and objectionable but failure to object will make that moot. You need an attorney immediately.
This is not to be considered legal advise and no attorney client has been established.
I agree with Mr. Nessen's response. Depending on the exact allegations of why custody should be modified, as well as, the exact requests being asked would determine whether there is a valid objection to the documents being produced.
The content provided herein is for general information purposes only. This information contained within is not legal advice, nor is it intended to be. This information does not create an attorney-client relationship. You should not act upon information contained on this site without first seeking advice from an attorney.
The discovery process is standard, and governed by the Maryland Rules Section 2-401 et seq. Generally, you are obliged to produce documents responsive to the other side's requests to the extent that 1) the documents can be identified and exist, 2) you have or can obtain the documents without incurring an undue burden, 3) the documents requested are not protected or privileged, and 4) the documents are reasonably likely to lead to information relevant in your case. If a party fails to provide adequate discovery responses, the party seeking discovery can ask for the Court to compel production of discovery or impose sanctions upon the non-complying party.
Generally you have thirty days to respond to discovery from the date that you're served with it. That deadline is something you should bear in mind when consulting with attorneys.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland
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