Subpoena and more

[Zephyr]

What is the name of your state? Wi

Hello everyone!

I have a preliminary hearing on October 23 for modification of custody. It came to my attention that between the filing of the motion and now that my son's dad's live in girlfriend had gotten into a physical altercation. In composing the Supplemental Declaration to include this information in the original motion that I would also be requesting the court to restrict dad from exposing our son to this woman, at least until the court could review the matter, and I would also like to request the court subpoena the police report regarding the incident.

Can the request for the subpoena and the restriction be included in the Supplemental declaration or do I need to do a seperate motion for each one individually?

 

[Ohiogal]

Was the physical altercation involving your son or another child? If not the court will NOT restrict girlfriend from being around. Sorry hit submit too soon. The problem is unless she is a danger to your child you are going to have problems Zephyr. Again you can ask but don't expect the court to grant it. Police reports are normally public record. So you should not need a subpoena to get them. You will need a subpoena to call the officer in to testify to what he/she observed.

 

[wendysuecpa]

I was able to get an order that when my daughter was visiting her dad, his girlfirend was not to spend the night in the home.

 

[Ohiogal]

I was able to get an order that when my daughter was visiting her dad, his girlfirend was not to spend the night in the home.

Facts count Wendsuecpa. And the facts in you case may be far different than the one's in Z's.

 

[Zephyr]

Thanks Ohiogal- No the violence was not directed towards my son, has was just in very close proximity to the fight, which resulted in one of the women hopping in the car and running into the other one- I tried to get the police report but was told that criminal charges were being filed and the report would not be available until the charges were filed.

Would you drop that request totally?

 

[Ohiogal]

Thanks Ohiogal- No the violence was not directed towards my son, has was just in very close proximity to the fight, which resulted in one of the women hopping in the car and running into the other one- I tried to get the police report but was told that criminal charges were being filed and the report would not be available until the charges were filed.

Would you drop that request totally?

I would not drop the request because if you are going for a custody modification it helps to get as MUCH information in front of the court as possible and live-in girlfriend does have impact HOWEVER be forewarned that those actions are NORMALLY not going to result in anything. In other words, it allows you to get information and facts in front of the court that you may not be able to get in another way. Which the court can then consider. But it is a long shot to actually get it.

 

[Zephyr]

I would not drop the request because if you are going for a custody modification it helps to get as MUCH information in front of the court as possible and live-in girlfriend does have impact HOWEVER be forewarned that those actions are NORMALLY not going to result in anything. In other words, it allows you to get information and facts in front of the court that you may not be able to get in another way. Which the court can then consider. But it is a long shot to actually get it.

Good then I will keep it in there, I will just understand that it's unlikely to be granted- which is pretty much how I approach eveything with court, in the end, it is up to the judge- thanks!