I hope someone can help me with this one.
Can you subpoena an 8 y/o? Is that testimony even valid? We got a notice on the door that BM has subpoena'd SS, but she has also on at least one occasion told SS what he needs to say in court.
Also, can we subpoena BM's mental health records for the last several years? She has some issues, and has had to be hospitalized several times for such. We have a strong case without those, but I think that would be even more damning to have them.
Also, if it helps any, we already have custody. We won in 9/06, and BM is finally getting around to appealing that decision.
Appeal? Isn't there a time limit on that?
Not sure about the health records. I'm not sure the judge would talk to an 8 year old, unless it was in chambers. Was this a summons/notice of hearing?
She better have a change of circumstance to change custody. Do you have an attorney?
We do have an attorney, but we don't meet with her for a littl over a week.
There is a time limit on appeals, but the courts give you 2 years, and then they review at that point if you haven't scheduled a court date whether or not they'll still accept it as an appeal. It's taken so long b/c BM was supposed to set the date, but has been dragging it out.
And it was definitely a subpoena for SS that we got on the door today.
She doesn't have any change in circumstance, but she has tried since we have gotten custody to have us shown as abusive. She has called CPS twice, and both times they decided it was completely unfounded. I am pretty sure she is going to build her case around trying to show that we are abusive. She is even telling SS that he needs to tell the courts I bit him (which never happened) and that he wants to go live with his mom.
Honestly, I don't think she has much of a case but I'm trying to be as prepared as possible. I also want to make sure that when we meet with the attorney I know what to ask and can also give her as much information as I can that will be pertinent come the day of our trial.
Don't know how your judges are, but here in Louisiana they certainly DO NOT like children being brought into court. A couple of judges have almost thrown people out for doing this. They are very protective of the children and do not want to subject them to this stuff.
They would rather have a social worker talk with the child, do an interview, then the social worker will testify in court of their findings.
n/t