Q: Can I ask opposing counsel to stipulate that the alcohol receipts are his clients? If he doesnt can I get a continuance?
In California divorce cases, the “best interests of the child” is always the court’s top priority. When deciding child custody, the court may consider a parent’s history of drug abuse or substance addiction. In determining what is in the child’s best interests, the courts also must consider either parent’s “habitual or continual” alcohol abuse, their habitual or continual consumption of illegal substances, or their habitual or continual abuse of prescription medications. A parent who breaks the law during their parenting time isn't safe & it's not in the best interest of any child. Also, the opposing counsels attorney accidentally received the subpoenaes.He's had them for 2 weeks & chosen to not notify me.The Deposition Officer wouldnt have received them had I not persisted in asking Whole Foods why the Deposition Officer didn't get them.I have a photo from Whole Foods proving it was sent to opposing counsel. The attorney knows it was a mistake & could have contacted Whole Foods or me.
A:
You can ask the attorney to stipulate, but it is up to the attorney whether he/she will actually stipulate. Stipulations are, by definition, voluntary. Whether you can get a continuance is up to the judge and whether he/she buys your explanation.
I believe I have answered your postings before on this same fact pattern. I asked before and am still not clear on what you hope to prove if your ex is buying alcohol. It sounds like it possibly may be a probation violation, but that doesn't help you in family court.
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