OG, I just saw this response to my post. I cannot thank you enough for this information. If anything, you gave me a TON of stuff to read up on before my meeting on Monday evening. And you are correct, she mentioned NOTHING about my ex whatsoever. Like he doesn't even exist or something.
Orders without proper jurisdiction are void ab initio. If all parties are not served, the court does not have proper jurisdiction.
She needs to clarify issues after proper service. .
Make her prove she was the caregiver.
It's ironic, I just took my daughter to the doctor's office the other day, and they have a sign in sheet attached to her chart with the date and signature of every time she's been in to see the doctor since 2000. Before she had her tonsils out when she was 6, she got strep a LOT. The only signature on this sheet of paper every single time she's been to the doctor since 2000, is mine. We're talking a full sheet and a half of my signatures. She's never even taken her to a doctor's appointment.
You still have an eviction. Doesn't mean it never happened. However it was four years ago. When was your divorce?
Actually, the eviction was dismissed. There was a stay issued because I filed for bankruptcy before the case was heard, and then it ended up being dismissed, so I guess technically I wasn't evicted? Yes, it was in 2008. Our divorce was in 2001.
That is even further removed and matters not.
It sounds like she is using this date/event as the beginning of my "downfall". She states this is the time/event when "periods of visitation began to decline".
She can ask for anything.
Okay. Is there a summons with the complaint? Did she file a parenting proceeding affidavit?
There is a Motion for her to take Deposition (only my deposition, not my ex), a Request for Production of Documents (only documents related to me), First Set of Interrogatories (only related to me), Motion for Guardian Ad Litem, Motion for Temp Orders, a Motion for Visitation, a Motion for an Order Modifying Parental Rights, a Parenting Proceeding Affidavit, and a Motion for her to Join as Party Defendant.
There is NO summons.
She is allowed to request you be deposed however she has to abide by rule 28 among others:
So who is going to be administering the oath? You have a right to request that information. Stipulate to NOTHING. Does she have an attorney? Also see this rule:
First -- where is this deposition going to be and who is going to be there? Does it follow the rules of Civil procedure? Second -- Financial information -- what financial information specifically? Object to everything as the court does NOT have proper jurisdiction over the case and therefore there is no way you can be ordered to participate until there is proper jurisdiction for the case -- both parents MUST be served and service must be properly documented. Those things could be relevant to a grandparent suit. Also object as to the providing anything as grandmother has not shown a prima facie case for custody at this juncture and as such none of this information is pertinent/relevant at this point. Cite the fact that since she has not given notice of any reason as outlined in In Re Perales for custody, you object to this fishing expedition as Grams cannot even make a prima facie case for custody and that information is NOT necessary or relevant for visitation.
Read the rules of Civil Procedure. Also again, object on the basis that the court doesn't have proper jurisdiction to make any orders concerning the child at this juncture because service has not been completed and any orders made would be void ab initio. Well get your attorney to make the arguments.
Rule 33 requires that for interrogatories:
Ask for an immediate dismissal of the motion to modify parental rights due to the fact that it does NOT meet the In Re Perales requirements for a change of custody (especially if she mentions NOTHING unsuitable about your ex) and therefore she fails to make even a prima facie case to change custody.
Meet with your attorney and ask for your attorney to have the parental rights modification immediately dismissed because there is not even a prima facie case for custody.
As far as the documents/financial information she is requesting...it is employment info, wages, check stubs, bonuses, stock options, commissions, earnings, employment contracts, letters or memos re: terms of employment, pay raises, payroll deductions, promotions, retirement funds, pension plan, annuity, which were previously or which may be paid in the future, paid, available, rejected, accepted, offered from Jan. 2008 - present.
She knows I left my long term position in Feb. 2008, but doesn't know where I went subsequently, so I'm sure that's why this date is chosen.
She's asking for all income tax returns from 08-present and accompanying worksheets, all w-2s. All secured or unsecured personal loans either by family member or banking institutions, all checking accounts including their registers, deposit slips, monthly statements, cancelled checks for open or closed accounts.
All records, complaints, documents, court orders or citations, arrest records related to civil or criminal cases from 04 - present.
Copies of all loan applications, applied for whether they were accepted or rejected.
Records of bank accounts, financial statements for credit cards or loans.
An itemized list of living expenses and documents and receipts to support expenses.
All registrations to motor vehicles or water crafts owned.
All names/addresses of witnesses related to relevant facts who possess proof of incidents or acts involved.
All records pertaining to any account or accounts of EVERY ind and nature whatsoever in which I have deposited or withdrawn funds or incurred debts or credits since 2009.
Copies of health insurance policies for my daughter.
Copies of all documents I plan to use as exhibits.
Savings account and credit union account statements.
Credit card statements reflecting payments.
Copy of any lease or rental agreement from 2004 - current.
Copies of prescriptions from 2012 - present.
List of all medications used by me (prescribed for me or not) from 2004 - present.
List of all relief from Federal, Local, Private relief agency, name of benefit, date received and case worker.
In regards to her deposition - she wants me to take it at her attorney's office, she will take the deposition, by oral examination and it will continue from day to day until complete, will be recorded and transcribed by Court Reporter. I am to bring all requested documentation there at that time. It is less than 3 weeks away.
I still don't understand why she isn't asking for any information about my CHILD. I get it, she has more money than me. Doesn't mean she's better suited for custody of my daughter than me.