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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23956
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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A man who is stalking my wife recently filed a subpoena for

Customer Question

A man who is stalking my wife recently filed a subpoena for her to appear in court demanding a blood/tissue sample be taken in order to find out whether or not he is the father of child, which in fact does not even exist. This man is delusional and believes he had a child with my wife, but didn’t know about it until now and wants custody. However, no such child even exists. He is a lawyer himself and this is a tactic he has used many times in the past with other people to simply cause chaos in their lives. How do we defuse this crazy situation and keep this insane man out of our lives for good?
Submitted: 3 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 months ago.

Good afternoon. I am sorry to hear about this. Just to be clear, has a case actually been filed with the court? Is there an open case and have you confirmed this with the court?

Customer: replied 3 months ago.
the subpoena was delivered yesterday and the hearing is scheduled for September 6th.
Expert:  FamilyAnswer replied 3 months ago.

Thank you. You can file a response, asking the Judge to strike the subpoena or impose a protective order, which would not require you to comply. Before she would have to submit to anything, she would need to appear before the Judge. It would be at that time, that the Judge would hear the basis or reason to believe that paternity is at issue and in this case, there is NO CHILD even present. She can ask the Judge to dismiss this with prejudice, so he can not refile it and she should consider going so far as filing a protective order against this man, based upon her concern and fear of her safety. Seeing how there is no child, it is clear he is delusional and mentally ill and can pose a risk or threat to her. She can ask the court order that he keep away and no have any contact and this may be granted as well.

Expert:  FamilyAnswer replied 3 months ago.

How does this man even know who your wife is?

Expert:  FamilyAnswer replied 3 months ago.

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