The father of my unborn child has made a lot of inflammatory claims about the relationship I had with him and has tried to completely diminish any responsibility in my pregnancy. He has also tried to cause a miscarriage. This can be proven with our past text messages but I do not have copies of them on hand anymore. How would I go about trying to subpoena these text messages from my cell phone provider? Will a judge allow me to obtain them? Will they be relevant in my upcoming paternity and custody proceeding?
Apparently you have filed a paternity case and have an action pending? You write the father tried to cause a "miscarriage"? This implies violence. Did you call the police? Are there police records? If yes, you can call the Police Officer to Court to testify since violence is relevant to custody. You can file a Notice of Production Non-party to his phone carrier to get copies of text messages. I believe you may be able to recover these messages through your own Cell phone company. You should hire an attorney.
Please be advised that this legal advice does not constitute an attorney-client relationship. I am licensed in Florida, therefore, the answers provided are general legal responses. You should check with a lawyer in your State for complete legal advise.
I agree with the above. Text messages can be subpoenaed so long as you go through your own cell phone provider (not his). Keep in mind that the subpoena will take some time to process.
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