Friday, February 20, 2015

subpeona of minor child's school recordsi am a pa resident. i am in the middle of a custody dispute with my youngest daughter's father. he ...

Question

subpeona of minor child's school records

i am a pa resident. i am in the middle of a custody dispute with my youngest daughter's father. he is not the biological father of my oldest daughter. she, the oldest daughter, is not part of this litigation at all. my ex's attorney, for the youngest child, supposedly submitted a subpeona for my oldest daighter's school records and also her biological father's employment records. can he do this?



Answer

Re: subpoena of minor child's school records

Depends on the type of Subpoena. If its a subpoena to appear at trial and bring the records then you can ask for an offer of proof and raise objections at a hearing. If its a Subpoena to produce documents or things the party getting the subpoena has 20 day to do so or they may be ordered to do so by the court. In that case you would have them not produce and make your objections at the hearing on the order to produce documents.

In either case the opposing counsel will have to show what this information has to do with the matter before the court.

If you have any questions feel free to contact me the initial consultation is free.

John



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