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Michelle
Michelle, Paralegal
Category: Family Law
Satisfied Customers: 4136
Experience:  30 + years in the legal profession including family law and other domestic relations
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ongoing family court case , SC

Customer Question

need to know if evidence illegally obtained (medical records taken from my office without my permission) is valid and do I have to respond to questions regarding it in discovery requests
Submitted: 6 years ago.
Category: Family Law
Customer: replied 6 years ago.
posted my question on 02 Jan - have not received response. Any response would do. I'll even accept "I don't know" but I need to know if anyone has tried to fiond out?!
Expert:  Michelle replied 6 years ago.

Dear jAntilla

This is the first I am seeing of your question. You would not need to answer any questions regarding any documents that were obtained illegally. If someone took them without your permission then that needs to be reported as a theft - information contained in those documents cannot directly be referred to; however, they can garner information from the records to form questions to dig deeper into whatever it is they are investigating. If the only way they could know some or all of the information about you is from those stolen records that information would not be admissible and you can decline to answer such questions - but you would need to show that the stolen records is the only way that information could have been obtained.

You can therefore object to the question and decline to answer - I would suggest if you have not already consulted a local attorney to help you with such a deposition that you might consider that direction

 

Michelle, Paralegal
Category: Family Law
Satisfied Customers: 4136
Experience: 30 + years in the legal profession including family law and other domestic relations
Michelle and 3 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: it is taking too long to verify payment. I was not given fields to fill out re credit card info. I you are uasing old information (has been months since I used your service) credit card information has changed. and YES - please don't go I need more info
Expert:  Michelle replied 6 years ago.

Dear Customer

Before we can go any further you need to report your information change to info@justanswer.com I, too, will advise them

DO NOT POST IT HERE

Thank you ~ Michelle

Customer: replied 6 years ago.
credit card updated. funds deposited in my account with you. financial transaction still ongoing - can check on problem I have more than sufficient funds
Customer: replied 6 years ago.
Ms Michelle - please don't go anywhere. As soon as payment to you is verified, I have more questions. One being, how can I be sure that I get YOU the next time that I lod in for an answer?
You can't immagine how you "made my day" with this one.
Expert:  Michelle replied 6 years ago.

Dear Customer

I am here for you - I am going nowhere at this time - in the future you can start your post with FOR MICHELLE or you can request me asCustomer/p>

 

Customer: replied 6 years ago.
Lady! Two things. One - please let me know as soon as you get paid. (2) Briefly - I'm between a "rock and a hard place" I'm up against two millionaires (I'm a retired USMC MSgt) My wife died (we were estranged, but not divorced yet) while at their house and they immediately filed to keep custody of my two year old son) my attorney is less than adequate , but this is allmost over and I have too much invested in her to change attorneys now) If I need to represent myself at this final hearing coming up, I will. I would love to be able to get on my MS Word and send you full details. What I need, REALLY NEED, is for you to see where I am now and advse me how to proceed. So far their (the grandparents) mischief has cost me in excess of 38K, attorney fees still ongoing. I will take ANY suggestion (and not hold you liable) Please respond! George
Expert:  Michelle replied 6 years ago.

Dear XXXXX -

I am not able to get transmittals - everything needs to be done via this medium so as not to constitute in any way a client relationship as JA is not advice but suggestions and guidance.

Is this final hearing about custody? Where do the medical records come in?

 

Customer: replied 6 years ago.
Final hearing about custody. She rebelled when I tried to get her help for her RX drug problem, and ran home to daddy (6 months later she died - heart attact induced by non perscription drug use. I have the tox report) But all that means NOTHING in SC, when high profile attorneys come into play. Medical records were taken from my desk, in my office, at my house, after family court judge - on nothing more than baseless allegations made in retalliation for me trying to seekmhelp, through probate court, for her drug problem - issued restraining order against me and I had no access to the house. This is just the tip of the iceberg. I have had such outpouring of support, from many sources, that if this was a jury trial, it would be a "slam dunk" Unfortunately, in SC, appointed - many time unqualified - family court judges decide these issues. THe one who 'Blundered" originally by taking unsupported allegations at face value and ruled against me (ignoring my opening statement "..judge, this is in retalliation for me trying to get her help with her RX drug problem (I have the court transcript).. just retired. I did file a grievance against her but the SC supreme court sent me a nice letter saying that I did not have "Adequate documentation" I hope that this has piqued your interest. I'm not quitrting if I have to go all the way to "Sandra Day" _ He's my son. what would you do??!
Customer: replied 6 years ago.
ARE YOU STILL WITH ME?
Expert:  Michelle replied 6 years ago.

Dear Customer

This is a terrible situation for you and thanks for your patience while I ponder the situation. It is not cut and dry, as I am sure you know

So, the records weren't stolen from your home but taken as evidence based on a search warrant?

And now your wife's parents have your son and trying to say that you are not a fit parent? What is their basis?

And when you tried to state that the grandparents motivation was because you were trying to get your wife help for her RX problem the court said you did not have the evidence to make the claim of retaliation or to support your claim that your wife had an RX problem.

And also, tell me once more what it is exactly that you want to do - just make sure that your son is in your custody - this is, of course, going to depend on why the grandparents are claiming you are unfit

You will need to produce character witnesses, etc. Do you have any visits wth your son at all now? If yes, then you should have photos of your times together to help show how you and your son have bonded, etc. If you son is in school, daycare (how old is he) you can try to get witnesses or character letters supporting your relationship with your son.

 

Michelle, Paralegal
Category: Family Law
Satisfied Customers: 4136
Experience: 30 + years in the legal profession including family law and other domestic relations
Michelle and 3 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
medical records consist of pyschological eveal with gave me 100 per ceny disability fro VA for PTSD (bad night mares, inability to sleep, rage (but not indiscriminately directed) All my mental health folks have given affadavits that my condition is not such as to prevent me from giving my son adequate care. I'm finacially stable (income 52K +) BUT,in family court their attorneys have painted me as a very dangerous individual wh has served three combat tours with special ops and CIA ponsored units, who hunts, fishes, drinks beer, has guns in the house , target shoots at pistol ranges, and is in all senses totally unacceptible to be a parent - despite what my doctors say. I think you have it al, the basics anyway,now. Please suggest something. If your present sitiuation prevents you from further helping me, do you know someone who could?
Expert:  Michelle replied 6 years ago.

Dear Customer

I think I will opt out and pass this on to a family law expert -

 

Customer: replied 6 years ago.
OK How will I know? I would still like to come back tomorow and give you a bonus?!
Expert:  Michelle replied 6 years ago.

Dear Customer

I am transferring you to the family law division... you will be taken care of there and I am certain those experts will assist you successfully.

Best to you,

 

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