My fiancee and I have lived together for six years. He has decided to get custody of his son in Delaware. My fiancee says I have to go to court so they can ask me questions about the household. Do I have to go? He makes it sound like I don't have a choice.
1 Answer from Attorneys
You are not legally obligated to appear in court unless you are properly served with a subpoena. Since the proceeding is in another state, a Delaware subpoena served in MD would not constitute valid service. Your fiance obviously wants you to appear so he can convince the court that you have a stable household and a good living environment for the child. If your fiance has legal representation, they could arrange to take your deposition here, where you would be subject to questioning by both parties. But often in these proceedings the judge hearing the case wants to be able to question witnesses and evaluate them during the court proceeding, so a deposition would not be the best vehicle for presenting your fiance's case. If you are not on board with taking on a parental role, you need to discuss this with your fiance.