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    YESHUA47's Avatar
    YESHUA47 Posts: 2, Reputation: 1
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    #1

    Jul 1, 2010, 12:06 PM
    How to draft a motion for discovery.
    Just a quick question.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 1, 2010, 12:07 PM

    Details please. Discovery of what?
    YESHUA47's Avatar
    YESHUA47 Posts: 2, Reputation: 1
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    #3

    Jul 9, 2010, 07:59 PM
    Child custody.
    My sons been married for 13 yrs. Getting divorced because of the following reasons: Wife steals money from husband but blames others for theft, pawns her jewlery & blames
    Others for theft:(59 items including their wedding set, he has print out from pawn shop)

    She fakes serious illness's (brain tumor, cancer, leukemia, migrains, Juvenial diabetes and tumor on pancrease.) just so she can't work. Currantly says she has another brain tumor
    But it is benign. She had a miraculous healing with 3 little pills in an unlabled pill bottle said it was hand delivered in a small brown paper bag ( she called them her "Nuclear space pills from the V. A.) my youngest daughter was visiting and showed them to her....she said they look just like "muscinex, for congestion1"

    BUT A MIRACLE HAPPENED.... three days later she said her Dr. called "on a Sunday" and said the head scan showed no tumor!!!!

    My son has never seen a bill come to the house, never saw any of her Doctors. Has driven her to V A hospital & Tampa General (our State Hospital) while she has her cancer chemotherapy, he waits in the car, about an hour later she comes out. She never lost any hair or body weight.
    She has had 2 babies in the last 16 months, that she said she might lose anyday due to having placenta previa....but they came out full term and healthy.

    She is very insecure, needy and jealous complains about having no friends, has no food to cook so she goes to a local Steakhouse with the oldest daughter to eat and returns 3 hrs later saying the store is so crowded and she's so tired so he puts the groceries away and cooks hot dogs & mac with cheese at 10:30 pm.

    She spends money like it's water. she gives medicine by oral syringe to the babies to help
    with their acid reflux problem, they sleep all the time and the 1 yr. old looks drugged up.

    Some friends and family think she has "Munchouzzin Syndrom " and is a danger to herslf and the children.
    I need to know how to write a petition for discovery of all medical records on her and the children and write subpoena's for wittness's to testify.

    I can tell you more wild things but this is already a short story now!
    Thank you
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #4

    Jul 9, 2010, 08:48 PM

    If he is in the process of getting a divorce this information should be in the lawyers hands and he should be acting right now to get temporary custody awarded to the father as long as he is a fit parent.

    If he hasn't started divorce proceedings DO IT NOW!
    Get all the information, documentation, witness statements, and anything relevant to this to an attorney ASAP.

    If she is medicating babies without the instruction of a pediatrician , she is endangering them at least .
    Child Protective Services (or the local equivalent ) should be notified at once.

    Protect those children FIRST by whatever means necessary then get on with the divorce.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    Jul 10, 2010, 09:13 AM

    Also when your son gets to court he should ask for a parental evaluation. So everything can be documented. Has he started proceedings yet?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 10, 2010, 10:04 AM

    Of course she could claim that she was never sick and never said any of those things, and that there is no record of her medical treatment ( assuming she is not getting any)
    So all of this needs to be documented from non family members as much as possible.

    As far as custody, it will be up to the court, he needs to discuss all of this with his attorney before doing anything to make a game plan

    Somehow I guess some of the story issues would be him sitting in the car while she goes in, who would not go in with their love one
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    Jul 12, 2010, 11:53 AM

    As others have said, all of this is going to come down to proof - can he prove everything he's alleging?

    Who has been the primary caregiver to the child(ren) during their marriage?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jul 12, 2010, 01:31 PM
    Quote Originally Posted by YESHUA47 View Post
    Just a quick question.
    ...
    I need to know how to write a petition for discovery of all medical records on her and the children and write subpoena's for wittness's to testify.
    ...
    Quick answer:

    If the divorce is pending (has been filed), schedule a records deposition, with notice going to her attorney of course. Then get the clerk of court to issue a subpoena to be served on the health care provider(s) you wish to depose. Most courts have a form for this. At the deposition simply request copies of all medical records.

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