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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118774
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in a custody battle with my ex girlfriend/mother of my

Customer Question

I am in a custody battle with my ex girlfriend/mother of my two children. When I met her she and filed for divorce. Because it was such a lengthy over to me years to force we were already living together and she became pregnant prior to testifying to finalizing her divorce . She testified that she was not pregnant on though she was approximately three months pregnant and her ex-husband use this in attempts to reopen their divorce case. In attempts to prove she was not lying she obtained her pregnancy test from her OB/GYN and altered the date on the medical record to read or the day after her testimony. I looked through her divorce file and could not locate the document. I am trying to prove to my judge that she is willing to perjure and falsify medical records to cover up her dishonesty I believe this is a major component to my defense with my ex.
Sorry for the lengthy message but I felt it was necessary to have a good understanding to my question.
My question is can I or how do I get that document from her previous divorce attorney so I can use it to prove she's perjuring herself again in my case. I have been able to obtain her medical record which has the original date of testing but I need to obtain the one she gave her previous attorney so I can show the judge that my ex who is actually a registered nurse in the state of Wisconsin as well is willing to falsify medical records to cover up her dishonesty.
Thank you very much ,
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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 would need to subpoena her former spouse's attorney (you are more likely to get it from the former spouse's attorney than her attorney and also it means more that she not only altered the document but she gave it to someone other than her own attorney). It is willful and blatant dishonesty to give the forged document to another person, but if she only gave it to her attorney and nobody else, that does not prove anything if her attorney stopped her from giving it to the opponent.
In addition to subpoenaing the former spouse's attorney you need to subpoena the doctor as well to get the original record to show it was forged/altered.