Q: What can I say to the opposing party if I don’t want to provide my personal information in a custody battle?
I’m currently in a custody battle my daughter is 7 years old. She lives with me in a different state from her father. We’ve been to mediation and hired a amicus attorney. We couldn’t agree on the monetary issues so we’re going to trial. His attorney is request for production & inspection, interrogatories,& Request for disclose. I don’t mind providing or answering questions about the child. She’s asking for my social security number,lease agreements,bank statements,etc. Do I have to submit this or can I object?
A:
What the opposing attorney has sent you is known as discovery. You must respond with your answers and/or objections within 30 days of being served the discovery. If not, the opposing attorney can ask for sanctions against you from the court. Discovery can be tricky and there are different rules that apply to each type of discovery. Those rules can be found in the Texas Rules of Civil Procedure. A judge can order that you turn over this information to the opposing side. Moreover, under the Texas Family Code, you are required to provide your social security number, driver's license number, current residence address, mailing address, employer's name, employer's mailing address, and work telephone number for the final order.
There is information on Texas Law Help regarding discovery, but I do not suggest attempting to do this on your own. You should consult with an attorney in your area as soon as possible.
A:
These are standard requests. You can object, but the Judge will likely make you produce it anyway. However, if you have a legitimate reason for not wanting to provide the answer you can have a hearing to see if the Judge agrees with your reason.
(Disclaimer: This information is for educational purposes only. I am not your attorney unless you sign a contract and money is exchanged.)
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