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Author Topic: Respondence response to petitioner's first request of production of documents  (Read 4136 times)

flgs228

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Hi,

I have a relocation case with my ex-husband. I am the petitioner and he is the respondent. I have custody of our son and I am hoping to relocate to other state. We have a hearing scheduled next month and my ex-attorney (I don't have an attorney I am representing myself) requested a production of documents. I responded to this request and sent all the documents requested. I also made the same request to my ex-attorney so they will send me the same documents they requested from me. In the middle of the process my ex-husband changed attorneys and his new attorney was the one responding to the production of documents. In her response she indicated and objection to provided most of the documents I requested. In most cases she indicated that the information it was privileged. Apparently I should have not send the documents they requested and respond on the same way but I didn't know. I just assumed that I had to give them those.

My questions are:

1. Can the new attorney really object to providing the documents? I think some of them are relevant to the case.

2. How can I legally do another request indicated that she is obligated to send those, if that is the case? IS the a low I can cite?

Thanks for your responses in advance! F.


MixedBag

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You'll have to prove they are relevant.
 

flgs228

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You'll have to prove they are relevant.
 

Thanks for your response, can I prove by arguments or need to provide documentation some how?

ocean

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Not sure what documents you are asking for from him when you are moving away? What is the reason you need info from him?

His lawyer should be asking you to prove that you have a job, housing and reason why child should move away from dad....

Most states are making it very hard to move out of state if the father has been exercising his parenting time and involved. Some states say that you can move but child stays with other parent (Father) if you decide to go. If you are up against a lawyer, you should really get one. Lawyer can drag this out in court for months/years.

flgs228

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Not sure what documents you are asking for from him when you are moving away? What is the reason you need info from him?

His lawyer should be asking you to prove that you have a job, housing and reason why child should move away from dad....

Most states are making it very hard to move out of state if the father has been exercising his parenting time and involved. Some states say that you can move but child stays with other parent (Father) if you decide to go. If you are up against a lawyer, you should really get one. Lawyer can drag this out in court for months/years.

I am asking for the same documents his lawyer asked for (paychecks, banking accounts, health records, PERS, leaving expenses). I guess I don't need his living expenses but his baking accounts I though could be helpful.

Yes my state is one of those that make this hard. I think I am going to call an attorney today, I was already thinking about that so your suggestion just confirmed my thoughts. Thanks, F.


ocean

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There really is no reason for his documents. You are moving. You will have to pay for all of travel most of the time. What will change if you get his paystub? No reason to have it.

Really, you should of waited until a judge requested you give him those documents. If you want to move, you will need proof of new job, new housing, and why it is in the best interest to move far from an involved father. Be careful. Some judges say, sure go, I am reversing custody to father if you go. You knew you had a child with the father and he was involved so proving why you must move from the area will be the focus.

They will ask:
1. Why can't child stay with father, in same school/daycare/friends/extended family?
2. Why can't you get job near father? Come up with help wanted ads in your field...
3. Why can't you rent apt near father if you have to move?

These boards really try to have BOTH parents involved, and unless there was NO contact or abuse, a child should be allowed to grow up near both parents as much as possible. You are asking for a very big move and what is best for the CHILD? The father will loose a lot of time with child if you move to another state. If you can, get a school calendar in new area, look for long weekends, offer them all, most of summer, winter break, a split the holidays. Think, what if I was on the other side of this...

MixedBag

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bingo!
 
And it's better that you here that from this board than the judge -- k?

flgs228

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There really is no reason for his documents. You are moving. You will have to pay for all of travel most of the time. What will change if you get his paystub? No reason to have it.

Really, you should of waited until a judge requested you give him those documents. If you want to move, you will need proof of new job, new housing, and why it is in the best interest to move far from an involved father. Be careful. Some judges say, sure go, I am reversing custody to father if you go. You knew you had a child with the father and he was involved so proving why you must move from the area will be the focus.

They will ask:
1. Why can't child stay with father, in same school/daycare/friends/extended family?
2. Why can't you get job near father? Come up with help wanted ads in your field...
3. Why can't you rent apt near father if you have to move?

These boards really try to have BOTH parents involved, and unless there was NO contact or abuse, a child should be allowed to grow up near both parents as much as possible. You are asking for a very big move and what is best for the CHILD? The father will loose a lot of time with child if you move to another state. If you can, get a school calendar in new area, look for long weekends, offer them all, most of summer, winter break, a split the holidays. Think, what if I was on the other side of this...

This is very helpful, I should have asked here before sending the documents. But now it is done. I am prepared to answer the questions you suggested. Thanks again, F.

 

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