My question involves a child custody case from the State of: Florida
My husband is entering a custody case that has already gotten quite complicated. I have a few questions for his benefit. I know I cannot do anything legally, please forgive me if I am doing something wrong by asking on his behalf.
So my husband really needs character witnesses/statements. In this case, the father wants 65% custody until the mother can get a job and live in a home where she can provide for the child adequately for 50/50 time sharing. He's already overly scrutinized by judges so his case wont be easy.
1. Can he subpoena someone without needing an attorney?
1a Can he serve someone who will accept it without doubt, without an officer? Or is the officer required?
2. Can he subpoena from the mother any records for the child's health such as hospital visits?
2a What about interrogatories, are those useful in a custody case without a lawyer? He would like to know what she's claiming her job history is.
3. For witnesses who do not require a subpoena, is it possible for him to submit a list of witnesses to the clerk to be heard on the day of? Is there a deadline?
4. For witnesses who do not require a subpoena, and those that would rather write a character statement, is there a dead line for these?
4a If a witness wishes to make a statement to the judge in a letter, will the mother see it for sure? Will the judge mention who a certain letter was from and confront her about it? I have one person who is the brother of her fiance, who would write a letter to the judge saying that they are both known to be addicted to drugs and have since been ostracized from the family for it, but refuses to write to the judge for fear that the mother in the case will spitefully do something to him or his family(and its not unwarranted fear). How can he write a letter to the judge without the mother knowing?
5. When will a judge want to speak to a minor? Or would they just appoint someone to speak with them? The child is 10. In the court there will be accusations of drug use, mental abuse, and alienation to an extreme.
6. Can a step parent be a witness? What about character statements/letters to the judge? Should a step parent be involved at all in this case as far as testifying or giving any information? Trying to learn where I really belong.
I might have more but these are the most pressing to us.
Using Character Witnesses in a Custody Case
Printable View
-
11-22-2013, 11:26 AMmarshasayshowUsing Character Witnesses in a Custody Case
-
11-22-2013, 11:33 AMllworkingRe: Character Statements, Subpoenas, Testifying in CourtLetters and written statements are not going to be useful at all. The people would have to be present to testify in person. If somehow a judge allowed a letter or statement to be put into evidence, then EVERYBODY gets to see exactly what the letter or statement says.Quote:
Quoting marshasayshow
I am also getting the sneaking suspicion, from what little has been said, that dad might be thinking that some things are important or will help him, when the issues are not important at all. -
11-22-2013, 11:37 AMmarshasayshowRe: Character Statements, Subpoenas, Testifying in Court
Thanks for the answer on questions regarding character statements.
Yes we have both been informed that the judge wont care about a lot of things that he thinks are important, due to emotional involvement it makes it harder for him to decide what he should and shouldn't say. Please let me know if you see something that isn't relevant.
Do you have any answers to the other questions such as Who can and can't be a witness in a custody case? Such as a step parent?
- - - Updated - - -
How would he go about putting such information into evidence and getting approval for it?Quote:
Quoting llworking
-
11-22-2013, 11:39 AMDogmatiqueRe: Character Statements, Subpoenas, Testifying in Court
Stepparents are hardly impartial. Seriously though, witnesses are not what he should focus on.
The court cannot force Mom to get a job, and he won't get custody based on that. What's more important is, who has been the child's primary caregiver? If Mom has been a stay-at-home parent, she has a massive advantage over Dad.
- - - Updated - - -
Quote:
Quoting marshasayshow
It's not going to happen. A piece of paper cannot be cross-examined. -
11-22-2013, 11:47 AMmarshasayshowRe: Character Statements, Subpoenas, Testifying in Court
The mother hasn't had a job in Florida for about 3 years or more now. The grandmother has housed the mother since the child was born (10 years). The mother and father were both young and lived with their parents when the baby was born. The grandmother has taken care of the child most of the time, and the mother would leave the child with her for days at a time while she was with a boyfriend. The grandmother is pretty bitter about the fact that she's had to care for the child this whole time, but also was keeping the child from the father. The father now works at home, and so do I. So we have two incomes, we both are home ALL the time... we have a big family for her to be involved in, her grades have plummeted the past two years that she's lived with her mother and grandmother and its looking like she might not make it to the next grade.
-
11-22-2013, 11:50 AMWelfarelvrRe: Character Statements, Subpoenas, Testifying in Court
What do you want to use character evidence for? What are you trying to prove with it?
-
11-22-2013, 11:59 AMmarshasayshowRe: Character Statements, Subpoenas, Testifying in Court
That the father deserves 65% custody for now
- - - Updated - - -
Quote:
Quoting marshasayshow
I still would love some answers to these questions, if anyone knows the answers? :D
- - - Updated - - -
Also, when a mother and a boyfriend fight in front of the child(physically hitting each other in the face), what should the father do about it when he hears about it? Can he do anything? -
11-22-2013, 12:06 PMDogmatiqueRe: Character Statements, Subpoenas, Testifying in Court
Why is he so focused on her job history?
Seriously - it's a non-issue.
Given what Dad appears to be trying to do, he needs an attorney. Otherwise he's at risk of completely messing this up.
The child should NOT be brought into this as a witness. At all. -
11-22-2013, 12:30 PMmarshasayshowRe: Character Statements, Subpoenas, Testifying in CourtWhy doesn't it matter that the mother provides 0% support while the father provides his 50%?Quote:
Quoting Dogmatique
Regarding him 'doing it wrong, could you please consider answering anyway? He can figure out how to do it on his own, or could you at least assume he will do it right and just tell us if its possible? I'd really appreciate it... :o -
11-22-2013, 12:36 PMDogmatiqueRe: Character Statements, Subpoenas, Testifying in Court
She IS providing support. Dad just appears to be ignoring the legality of it.
Once you start getting into subpoenas, you're wandering into territory that can sink your entire case if you're not careful. Given that he's asking what are essentially very basic questions, I'm not sure he can adequately represent himself. If he's to do it successfully, he's going to be spending a lot of time learning the rules of civil procedure, the local rules, and basically taking a crash course in custody matters.
Maybe someone else will take him through it step by step.