He is trying to prove that I have been sleeping around. This is for a custody hearing and I live in Louisiana.
2006-12-19 13:57:34 · 11 answers · asked by rose_l73 1 in Politics & Government ➔ Law & Ethics
He can't, but the judge can. If the judge believes they pertain to the proceedings he may well do that.
Now, if your taking care of your kids and they are in no way neglected, sleeping around is sexual promiscuity, that is not a crime, it's risky behavior, but not a crime. Promiscuis people have kids and raise them all the time, as a matter of fact, thats how they get them sometimes.
Most people who are sexually active adults sleep with other people even when they are not married.
Now lets say a person is taking money for it, then that woud more likely be a problem becase that could more likely endanger the kids. Also that would be breaking the law.
The key here is how well those kids are cared for and that they are not exposed to danger through yur lifestyle.
Bottom line. You need a lawyer for this because the advice here is well intended from most people, but in no way a legal opinion.
2006-12-19 14:15:30 · answer #1 · answered by rumbler_12 7 · 0⤊ 0⤋
I would think that a subpoena can be requested ,But the Judge has to Sign it for it to be Allowable in Court. I live in Texas and the Laws may be different in Louisianna. However, for you soon to be Ex-husband, just showing that you have Slept around Does Not Make You an Unfit Mother. What makes you unfit in Texas as follows: Abandonment, Neglect, Physical or Emotional Abuse of the Children.... I am sure Louisiana has a Child Protective Services --- Call them and Find out Exactly what makes you Un-fit in the Eyes of Louisiana.
2006-12-19 14:16:34 · answer #2 · answered by John R 6 · 0⤊ 0⤋
For your part, you'll have to get another cell phone provider so you can access your own records. I just went through a similar situation and found that my ex would have to sign a release in order to get his phone records. This info came through my attorney after we subpoenaed his phone records from his phone company. I'm in IL. At any rate, ask your attorney what the law is in CA. Good luck.
2016-05-22 22:49:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would think your lawyer would find it quite easy to deal with. AND, don't be too concerned, it sounds like the kind of bull s*** move a judge would throw out. Phone calls and text messages cannot prove that you are an unfit parent sleeping around. How could they prove that unless they had pics of you having sex with the kids in the same room?
That lawyer is taking advantage of your ex's vindictive nature to rake him for the cash. I think a judge will tell the ex to get over you. BTW - how long will it take before he doesn't care about your love life?
2006-12-19 14:11:24 · answer #4 · answered by ? 5 · 0⤊ 1⤋
I would say, yes. His attorney would submit a letter of discovery to the court, and I would imagine that the judge could grant a subpoena for those records.
2006-12-19 14:09:14 · answer #5 · answered by sportsman72901 2 · 1⤊ 0⤋
If he is your ex, then who you sleep with is none of his business - even if it is with every person in LA.
The only people that can request cell phone and text records are cops, and a warrant is needed for it to happen. So unless you are sleeping with minors, you aren't doing anything that would get a cop a warrant, so there is no need to worry.
2006-12-19 14:03:16 · answer #6 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
yes, his attorney can apply to the court for a subpoena for your records and will probably get it
2006-12-19 14:00:53 · answer #7 · answered by Deborah 3 · 1⤊ 0⤋
Your ex can't subpoena anything, only a judge can.
2006-12-19 14:00:20 · answer #8 · answered by normobrian 6 · 0⤊ 0⤋
yes he can if it has a bearing on the case at hand, and it could be used as evidence in the courts,
2006-12-19 14:05:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He can't but his lawyer through the court could.. Good luck
2006-12-19 14:02:01 · answer #10 · answered by Anonymous · 1⤊ 0⤋