• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

subpoenaed by boyfriends ex-wife

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bearskn23

Junior Member
What is the name of your state? Texas

I have been subpoenaed by my husband ex-wife to appear in court. Some background is that my boyfriend has custody of his 5-year-old daughter and she has standard Texas visitation rights. I watch his daughter during the day while he goes to work. There is a 10 pm to 6 am rule envoked that neither can have an unrelated person stay with them during those hours. She has a boyfriend that lives with her and is trying to convince the court that I live with him, which I do not. His ex-wife has a BIG history of lying in general, including lying on the stand already in court. She also questions her daughter to the max to get the answers that she wants including having her say that I lock her in her room all day long, which is completely untrue.

My question is...

I have already appeared on the stand once and got asked questions that I knew his ex-wife had lied to her lawyer in order for her to ask me those questions, including being called a surrogate mother. I feel no need to be drug into this any further because of my stong feelings of disdain due to the things that she has called me and the way she has treated her daughter. I know if I got a subpoena I HAVE to appear in court, but do I actually have to testify if called to the stand?

:confused:
 


Just Blue

Senior Member
What is the name of your state? Texas

I have been subpoenaed by my husband ex-wife to appear in court. Some background is that my boyfriend has custody of his 5-year-old daughter and she has standard Texas visitation rights. I watch his daughter during the day while he goes to work. There is a 10 pm to 6 am rule envoked that neither can have an unrelated person stay with them during those hours. She has a boyfriend that lives with her and is trying to convince the court that I live with him, which I do not. His ex-wife has a BIG history of lying in general, including lying on the stand already in court. She also questions her daughter to the max to get the answers that she wants including having her say that I lock her in her room all day long, which is completely untrue.

My question is...

I have already appeared on the stand once and got asked questions that I knew his ex-wife had lied to her lawyer in order for her to ask me those questions, including being called a surrogate mother. I feel no need to be drug into this any further because of my stong feelings of disdain due to the things that she has called me and the way she has treated her daughter. I know if I got a subpoena I HAVE to appear in court, but do I actually have to testify if called to the stand?

:confused:
Ahhh...Yeah. :rolleyes:
 

mistoffolees

Senior Member
What is the name of your state? Texas

I have been subpoenaed by my husband ex-wife to appear in court. Some background is that my boyfriend has custody of his 5-year-old daughter and she has standard Texas visitation rights. I watch his daughter during the day while he goes to work. There is a 10 pm to 6 am rule envoked that neither can have an unrelated person stay with them during those hours. She has a boyfriend that lives with her and is trying to convince the court that I live with him, which I do not. His ex-wife has a BIG history of lying in general, including lying on the stand already in court. She also questions her daughter to the max to get the answers that she wants including having her say that I lock her in her room all day long, which is completely untrue.

My question is...

I have already appeared on the stand once and got asked questions that I knew his ex-wife had lied to her lawyer in order for her to ask me those questions, including being called a surrogate mother. I feel no need to be drug into this any further because of my stong feelings of disdain due to the things that she has called me and the way she has treated her daughter. I know if I got a subpoena I HAVE to appear in court, but do I actually have to testify if called to the stand?

:confused:
Of course you do (check with an attorney if you think there are some 5th amendment issues). Why wouldn't you? And why are you trying to avoid it? It's a fairly common situation. You're called upon to tell the truth, what's the issue with that? And why would your dislike of her prevent you from fulfilling your legal obligations to testify?
 

Ohiogal

Queen Bee
What is the name of your state? Texas

I have been subpoenaed by my husband ex-wife to appear in court. Some background is that my boyfriend has custody of his 5-year-old daughter and she has standard Texas visitation rights.
Your husband or your boyfriend? Please explain because you either are cheating on your husband, or have no clue what the truth of the situation is.


I watch his daughter during the day while he goes to work. There is a 10 pm to 6 am rule envoked that neither can have an unrelated person stay with them during those hours. She has a boyfriend that lives with her and is trying to convince the court that I live with him, which I do not.
Are you the wife or girlfriend? The unrelated person is a ridiculous rule by the way.
His ex-wife has a BIG history of lying in general, including lying on the stand already in court. She also questions her daughter to the max to get the answers that she wants including having her say that I lock her in her room all day long, which is completely untrue.
And you know she questions the child how?

My question is...

I have already appeared on the stand once and got asked questions that I knew his ex-wife had lied to her lawyer in order for her to ask me those questions, including being called a surrogate mother.
What do you mean by surrogate mother?

I feel no need to be drug into this any further because of my stong feelings of disdain due to the things that she has called me and the way she has treated her daughter.
Oh well. Your choice in that regard is to no longer be involved in the situation at all.

I know if I got a subpoena I HAVE to appear in court, but do I actually have to testify if called to the stand?
Most likely yes if this is only your boyfriend.
 
Last edited:

Ohiogal

Queen Bee
Of course you do (check with an attorney if you think there are some 5th amendment issues). Why wouldn't you? And why are you trying to avoid it? It's a fairly common situation. You're called upon to tell the truth, what's the issue with that? And why would your dislike of her prevent you from fulfilling your legal obligations to testify?
Reread again as she may not depending on the TRUTH of her situation. It is dependent upon whether this is a boyfriend or a husband.
 

Bearskn23

Junior Member
Re:

Your husband or your boyfriend? Please explain because you either are cheating on your husband, or have no clue what the truth of the situation is.

Sorry my boyfriend. My divorce was done and over with A LLLOOONNNGGG time ago. And I do have all the truth to the situation as I have been here since the very beginning. My boyfriend and I were friends first when him and his wife first separated.




Are you the wife or girlfriend? The unrelated person is a ridiculous rule by the way.

I am the girlfriend. I agree that the unrelated person is a ridiculous rule. The first judge instated it because at the time she was dating someone who was a convicted felon. We are hoping the new judge will dismiss that ruling.


And you know she questions the child how?

The chidl tells us that her mommy asks her a lot of questions about me, her dad and his parents. She also questions her a lot every night when she calls to talk to her.

What do you mean by surrogate mother?

The last time I testified her lawyer asked me if I considered myself a surrogate mother to the child since I watched her during the day. I considered it a ridiculous question and of course my answer was no. I am a friend to the child. I am not trying to replace her mother (even though her mother isn't a good one)
 

Bearskn23

Junior Member
Of course you do (check with an attorney if you think there are some 5th amendment issues). Why wouldn't you? And why are you trying to avoid it? It's a fairly common situation. You're called upon to tell the truth, what's the issue with that? And why would your dislike of her prevent you from fulfilling your legal obligations to testify?
I'm not specifically trying to avoid it. I have no problems telling the truth, however, due to the fact that his ex-wife is a complete liar then no matter what I say they think it's a lie and ask me the question over and over even though I give them the same answer every time.
 

Ohiogal

Queen Bee
I'm not specifically trying to avoid it. I have no problems telling the truth, however, due to the fact that his ex-wife is a complete liar then no matter what I say they think it's a lie and ask me the question over and over even though I give them the same answer every time.
At which point boyfriend's attorney should object for asked and answered.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top