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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111459
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In Wisconsin....very important to my divorce custody case

Customer Question

In Wisconsin....very important to my divorce custody case counseling records were not obtained and I'm wondering if we can subpoena the records. I have no doubt they will give information regarding the domestic/emotional violence that my husband is now saying I'm doing to him. I have been warned this happens.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: wisconsin
JA: Have you talked to a lawyer yet?
Customer: I do not have lawyer and I am trying to figure out why he has not been doing his job. My husband in the temporary order was ordered to pay my older son $200 in an account he opens on his own. My son did not open that account right away but I was giving him my $200 in another account and as soon as he opened the account I gave him. From April till August I've been fighting with my lawyer that he is in contempt. This is a tactic with my husband to withhold money and eventually do something with my children regarding this. Also my son that was in daycare started school I gave my lawyer before and after school daycare costs. My husband was suppose to be paying daycare. Now he is paying nothing and he called school and told them to hold all bills until after October. I was never informed. My lawyer still chooses to do nothing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes...in 2010 I had a domestic violence incident and he was arrested. He was charged with battery I believe because I couldn't afford a lawyer to tell me what I should do. My husband has been since physical and most of all emotional. This has really impacted my first two older kids 21 and 18 (the 21 has been out of the house since 16 because of this). Now I have a 5 yr old that I'm fighting to stop this abuse cycle. There have been 911 calls where he hung up on me, but after I acquired the records they are missing data in them (like important data) I'm finding. I'm wondering why my lawyer won't pursue filing contempt
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You could subpoena counseling records and the opposing party will try to object based on doctor patient confidentiality and if that happens then you would file a motion asking that at least for the judge to review them in chambers to make the determination. You also need to subpoena all of the domestic abuse reports to establish the history of abuse.
I would tell you, we see this every day and many people who do not heed our warnings later come back very upset with their outcomes, that if you are not happy with your lawyer then you need to hire a new lawyer and you should not be fighting this pro se if your spouse has an attorney and has this history of abuse as you say. If you do not like the lawyer you have then use the same sites other attorneys use (http://www.superlawyers.com or http://www.hg.org) and find a more aggressive attorney to protect your rights.