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Subpoena Employment information???? Michigan

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  • Subpoena Employment information???? Michigan

    My fiance' just went through an ugly custody battle with his ex-wife and unfortunately did not get the children. It has been three months since the battle and now the ex has been caught at her place of employment doing unethical and illegally matters. She works at a Prison as an RN and has been caught on video sleeping with inmates, was caught smuggling drugs into the facility and there are also pornographic pictures taken of her while present in the prison. We have been told that the prison could possibly not prosecute her, due to election time. I find that obsurd myself, but I am not the one making the decision about the prosecution and am still not 100% sure if that is true about the prison not prosecuting.

    Basically, what I am trying to find out is, can my fiance's lawyer legally subpoena documentation of these events taking place from her place (or I should say "previous place") of employment if they do not prosecute her? I am hoping that someone can assist me with positive information for my fiance, as we hate to see these children being cared for by a woman with her way of life. Thank you
    Concerned Step-Parent

  • #2
    Originally posted by shel3139 View Post
    My fiance' just went through an ugly custody battle with his ex-wife and unfortunately did not get the children. It has been three months since the battle and now the ex has been caught at her place of employment doing unethical and illegally matters. She works at a Prison as an RN and has been caught on video sleeping with inmates, was caught smuggling drugs into the facility and there are also pornographic pictures taken of her while present in the prison. We have been told that the prison could possibly not prosecute her, due to election time. I find that obsurd myself, but I am not the one making the decision about the prosecution and am still not 100% sure if that is true about the prison not prosecuting.

    Basically, what I am trying to find out is, can my fiance's lawyer legally subpoena documentation of these events taking place from her place (or I should say "previous place") of employment if they do not prosecute her? I am hoping that someone can assist me with positive information for my fiance, as we hate to see these children being cared for by a woman with her way of life. Thank you
    Nothing can be subpoenaed unless there is a motion or petition pending. Has he filed a motion or petition regarding the custody issues? If he has, then yes he'll probably be able to subpoena ex's records, however, if nothing is pending he can't subpoena anything.

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    • #3
      ?

      Can a motion to the custody case take place even though it has been over 3 months since it ended? What does making a motion consist of doing? I do not have children of my own, nor have I ever been to court, so I do not fully understand what that all means. Sorry. Thank you......
      Concerned Step-Parent

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      • #4
        Originally posted by shel3139 View Post
        Can a motion to the custody case take place even though it has been over 3 months since it ended? What does making a motion consist of doing? I do not have children of my own, nor have I ever been to court, so I do not fully understand what that all means. Sorry. Thank you......
        Since it's been such a short time since the order was issued there would need to be a very substancial change in circumstances before anything further can be filed. Unfortunately, the CP being a criminal isn't going to be enough of a change, sorry. It doesn't appear that the CP is an actual danger to the child so there's really nothing that can be done at this point.

        IF the CP is arrested and jailed, then the NCP can file for temp. custody. Believe me, I know how frustarting it can be when the CP commits crimes and never has to answer for them, my husband is in a very similar situation and we've finally had to give up, and hope that the ex will have to answer to God on Judgement Day.

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