How To Obtain Documents From Custodial Parent

Question

My spouse has a temporary sole custody of our child while the divorce is pending and won’t supply documentation. There is a protective order against me in place, so we are communicating through our attorneys. I need copies of my child’s SS card and a birth certificate which are in my spouse’s possession. My attorney asked my spouse’s lawyer to compel my spouse to provide me with the needed documents. My spouse refuses. It looks like my lawyer doesn’t know (or doesn’t want to know) how to get those documents from my spouse. Can I ask the court to compel my spouse to produce the documents? Any suggestions are appreciated.

Answer

The easiest way to obtain copies of documents will be through a request for production of documents that specifically requests these two documents. It will take your attorney less than 30 minutes to prepare this request. Your spouse has to deliver the response within 28 days of service. If you want your final order to require your spouse to produce documents about schooling or medical care on an ongoing basis, that provision should be requested at the time of trial or settlement. For other tips on items to include in the custody order click on the link “Custody Order” below.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

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