Custody Eval & Subpoenas

North Carolina Divorce Law Divorce and Separation Answers
1

  1. If your finances are relevant to the custody evaluation they can be used outside of court. They may be relevant if they show erratic spending, illegal behavior, etc.

  2. Unless the court has prohibited her from seeing these records she has the right to see whatever her attorney has.

  3. An attorney or a party can subpoena any document they believe will provide evidence to support their claim. Without meeting with you and reviewing all the facts of your case, I cannot determine if these records are relevant.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Apologies in advance for the lengthiness of this email.

My wife and separated and live in NC. WE have a temp 50/50 custody order currently in place. Her attorney has subpoenaed EVERYTHING he possibly can, including financial documents for use in a custody review last Dec. 5th 07. But, the judge would not hear any new evidence (because the hearing was a simple custody review, not a custody determination hearing). Since then, we have begun a custody eval and I’m wondering a couple of things:

  1. Can the subpoenaed documents obtained for the 12/7 review be used BY MY WIFE outside of court, i.e., in the custody evaluator’s office? Her attorney gave her copies of ALL the financials, some that even predate our wedding day by 6 months! (We both agreed to have separate bank accounts prior to the marriage so that’s why she had to get them via subpoena.)

  2. Does she have the legal right to possess these or should they be restricted to viewing with or at her attorney’s office?

3)Does he have the legal right to subpoena the 6 months of financial info that predated our marriage. (We were married in June '05 and he got records going back to Jan. 1, '05.)

Thanks in advance!
F4A