Discovery?

[gemini3]

Does anyone know if discovery is done in custody disputes?  I'm in VA, and I haven't heard anyone mention it.

[John-J-Jay]

Hello,
do you have custody of your children? is this a custody fight and a child support issue?

I'm in a different state but when it comes to custody/child support. Either side can ask for discovery. I just completed mine and i have custody of my daughter (I'm the dad). I asked for child support and a mod of the visitation schedule. she requested the MOON on her discovery but we appealed it thru the courts and the courts really limited her scope of discovery.

do you have custody of your children? is this a custody fight and a child support issue? age of children? are you seeking discovery or they asking it from you?

[greatdad]

Yes, discovery is available to you. I also have custody of my children.
It seems that attorneys have boilerplate language where they ask for  just a rediculous type and amount of documents, etc. Just supply what you have and don't worry about the rest. Interrogatories are also another method of getting questions answered before court, but again, expect lies, half truths, etc.

[notnew]

Discovery is part of nearly every civil and criminal action.

Yes, discovery would be included in a custody dispute. At the onset of the case, in the scheduling conference or other early hearing, the court should set a time limit for discovery to take place. If you dont' request any discovery items from opposing side, then none is required.

What caused you to ask this question? Did opposition send a request for discovery?

I wouldn't think that VA cases would function that radically different then other jurisdictions. However, there may be something I don't know about.

None of your paperwork mentions discovery? Read through carefully.

[gemini3]

No one on either side has mentioned discovery, and there's nothing in my paperwork.  I would like to ask for some things, but I didn't know how to go about getting it.  I will have to call my lawyer I guess.  I just try to get questions answered by almost any other means before paying him for a phone call.

Thanks for the advice

[HelpingHands]

yes, discovery, yes, interoggatories(and boy can those be irritatiting). BM's attorney asked for a lot of things I personally think was none of their business, like mine and my wife's joint account numbers,bank statements for 1 yr, phone records for one year- both land and cell,  our w2s and taxes for 2 years, where i've worked, lived, names and dates, names and dates of employers if there was medical insurance, the name, the dates of coverage, life insurance, my medical history for a year(or was it 2), my daughter's medical history while in my care, her therapy records, what size house(sq ft) we live in, how many rooms, rent or own, who lives there,  the list went on and on.

In Virginia, they can ask 30 questions in an interaggatory. You think 30 isn't alot, but it is when the questions involve several sub-questions. (ie: did you have medical insurance, if so the dates and times of ALL medical insurance available to you from this date to this date, what your costs were, thru who, etc) ( Where have you lived from the time your child was born until present, please list everyone who lived in the house, the dates you lived there, whether you own or rented, etc)

My attorney didn't ask for one on her. Why? Because they can just lie or say they don't have the infomation and it can slow the process down. We already had all the info we needed during the appeal's process without the discovery/interoggatories to nail her.


As long as it is relevant in the case, you can ask for it. Its tricky because almost everything "could" be considered relevant, in some form or another.