I’m going throught a custody battle with my ex and my oldest son (13 was subpoenaed to testify, do I have to bring him I dont want him in the middle

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I’m going throught a custody battle with my ex and my oldest son (13 was subpoenaed to testify, do I have to bring him I dont want him in the middle

of this this custody battle is for his little brother and this man is not my oldest sons father… we are already divorced and have been waiting to go to trial for 2 years

Asked on June 29, 2009 under Family Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This sounds like a very nasty situation, and if you don't already have a lawyer, I'd really suggest that you hire one if you can.  One place to find an attorney is our website, http://attorneypages.com

I don't think refusing to bring your oldest son to the courthouse is a good idea.  Defying a subpoena can be punished as a contempt of court, and at the very least it doesn't make you look good to the judge, at a time when you really can't afford that.  But wanting to keep your son out of the middle of this is one of several things that a judge would be willing to hear you talk about, before he has to testify;  I'm not at all sure why your ex-husband has subpoenaed him and that might be very important to find out.


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