Subpoena for employee records???

Question

Look at my previous question...Child Visitation Issue!!!!!....Can her attorney subpoena my husband's employee records to find out the true reason of his termination?

Answer 1

Yes, her attorney can subpoena the records, as the information is pertainent to her child custody claim. However, if you husband has never had any other problems regarding his behavior being potentially harmful to his son, most likely the judge is not going to withdraw visitation rights unless something else is discovered.

What probably will happen is the judge will put your husband on warning that any similar behavior will have more severe consequences. The judge may require some supervised visits with a social worker from DCFS, a possible home inspection and periodic drug testing or drug counseling be undertaken.

If it is of any help, courts have ruled that reformed drug addicts can continue to have visitation rights after performing certain requirements (rehab & counseling), that were much more severe then the situation you described. Just remember to be humble and apologetic before the judge. Admit he (your husband) made a mistake (that did not take place anywhere near his son) and state he is willing to suffer whatever consequences his actions deserve (in the court's eyes not his ex-wife's). But always stress that he has a positive relationship (and a loss of visitation would have a significant negative impact on his son's well being) with his son and has never done anything that would jeoprodize that relationship or negatively influence his son.

In short, argue that loss of visitation rights of your husband would not be in the best interest of the child (that is the court's standard).

Answer 2

Sure. And a judge can force it if they can show that it is pertinent to the case.