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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have information that my children is not spending weekend

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I have information that my children is not spending weekend with the other parent and are being left with any relative or otherwise willing to take them. Do I ask about this during initial interrogatories and how do I phrase my question?
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Do I ask about this during initial interrogatories

You can if you would like. As long as interrogatories are phrased to elicit information pertinent to the case, it is allowed, and in a custody matter, who the children are left with by the other party is certainty pertinent, arguably.

and how do I phrase my question?

An example may be:

Please list any and all third parties, adults and minors, in whose care _____ has ever been left in while in your formal custody.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.

Is it appropriate to include in this question dates, reasons for such care and length of stay

Expert:  Ely replied 10 months ago.
C,

Arguably, yes. If they do not answer, then one can force the issue under a compel motion.

Alternatively, they can object to the question not being pertinent, in which case one can reply that it is.

In either way, the Judge will then be the final decision-maker as to whether or not the question is pertinent or not at a quick hearing.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87216
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

Also pertaining to the other parent I want to ask about an uncoached desire to reside with one parent or the other. How should I ask?They have told me they had been asked but children will answer a question like that in favor to not hurt the feelings of the parent asking...the question was loaded to get the desired response from them.

Expert:  Ely replied 10 months ago.
Hmm... do you mean about them "coaching" the children to state that they wish to stay with the other parent?
Customer: replied 10 months ago.

yes

Customer: replied 10 months ago.

I want to ask of any uncoached occurance and the circumstances surrounding it.


 

Expert:  Ely replied 10 months ago.
This is a little more subjective and there is no way to prove otherwise really if the other party does not admit it. But, the question may be something akin to:

Please provide the context of any conversation with ____ wherein you encouraged the child to testify or decide that he/she wishes to choose you as the managing conservator/custodian/[state specific verbiage for custodian].

This is a little more questionable and may be successfully objected to possibly. Or, they can just answer it - it never hurts to try.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87216
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

thank you for your time

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