Legal Question in Family Law in North Carolina

PLEASE HELP I am currently in a child custody case with my ex husband.My counsel told me that he would subpeona my daughters cell phone bills moths ago, which are in my ex husbands name. Yesterday he tells me that since they are in my ex husbands name that he would have to contact my exhusband to provide them since they were in his name. I told him well didnt that mean that they could be tampered with. He said the court was used to seeing them and would be able to tell. I have never heard of any such a thing. Many strange things have happend to me regarding my case..We are scheduled to finally go to court next week after 14 months of waiting. Is that not what a subpeona is for, for us to obtain the information ourselves, directly from the source without chance of tampering? Time is of the essence, and I would be GREATFUL for an immediate response . I am in desperate need of any assistance you can provide me in this matter. This cell phone bill is they key to my winning my case.

Asked on 1/18/12, 2:17 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Your attorney should be able to subpoena your daughters cell phone bills even if the cell phone was in your ex-husbands name. Your ex-husbands permission is irrelevant when a subpoena is issued - and yes that's what a subpoena is for. However, I don't see how a record of who your daughter is calling is in any way siginificantly relevant to a custody case. The only way they could be relevant is to establish that your daughter has been in contact with the non custodial parent or possibly to indicate that your daughter has been calling inappropiate numbers while under the supervision of the custodial parent - both of which would be a incredibly small part of a custody case.

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Answered on 1/21/12, 8:02 pm

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