Yes, depositions are very common in family law matters. You should hire an attorney.
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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.
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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.
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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.
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.
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.
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.
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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.
Dissolution of marriage Child support Child custody Domestic violence and child custody Child custody deposition Family court and child custody cases Wrongful death Real estate Domestic violence and criminal charges Restraining order and criminal defense Child support and custody Paternity and child custody Filing a lawsuit Family law Paternity Guardian ad litem Domestic violence and family law Mediation
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