Discovery in a custody case is crucial for nearly all family law cases involving children in Wagoner County. The primary purpose of discovery is to allow both parties to gather relevant information, evidence, and documentation that will help them prepare their cases for trial or settlement. In custody disputes, discovery helps ensure that the court has a complete and accurate understanding of the facts and circumstances surrounding the child’s welfare. Some cases may only need to provide financial documents, whereas other more contentious matters may need extensive records. Here we will go over what exactly discovery in a custody case entails and what you will need.
Key Reasons for Discovery in a Custody Case
There are many reasons for discovery in a child custody case. The discovery process in Wagoner County allows both parties to uncover pertinent facts about the case, including information about each parent’s living conditions, financial status, employment, and overall ability to care for the child. These requests help promote transparency by requiring both parties to disclose all relevant information, preventing surprises at trial and ensures that both sides have a fair opportunity to present their case. Additionally, it helps clarify the specific issues, allowing the court to focus on the most critical aspects of the case. This can streamline the proceedings and make the trial more efficient.
Further, discovery allows each party to look at the information provided to see what is in the best interests of the child. The best interests of the child are the basis for all child custody cases. Through obtaining this information, the court can better make a determination.
Interrogatories in Discovery Requests
Interrogatories are written questions or requests for clarification that one party sends to the other, which must be answered under oath. These requests often lead into other requests that happen in initial discovery pleadings. Most interrogatories will be based around financial disclosures and questions about insurance for the child. However, the interrogatories can be tailored to the specifics of the case and can ask for personal details. This may include asking about infidelity, drug usage, people you associate with, etc. These requests have limit of thirty (30) each. After that thirty request limit, the party has no requirement to answer them.
In reference to child custody, interrogatories can ask questions regarding the welfare of the child. This can mean asking for things like the living arrangements, the daily routine, and any medical care the child has had. These can also be where key events are highlighted, such as potential child abuse or neglect. It’s important that these requests are not malicious, but simply direct. They also cannot be compound questions disguised as one inquiry.
Requests for Production
Production requests are there for the party who receives the document to provide records. These can be anything from financial documents to police reports and medical records. A lot of people might assume that HIPAA can protect them from having to disclose their medical records. However, Oklahoma law requires that if there is a basis for a party to be unfit due to physical or mental health issues, it needs to be addressed. This make it possible to require a party to disclose their medical records under seal. This means that they can only be used for the purpose of the child custody case and cannot be seen by anyone else but the attorneys and court.
Requests for Admissions
Requests for admissions are as simple as they sound. These are a series of requests where the person issuing them is asking the opposing party to admit to certain issues in the case. This can look something like “Admit that you have drank alcohol in excess in front of the minor child.” These types of questions get to the root of key issues that happened to get the parties where they are at. It is especially important if you have incriminating documentation that would prove they did the things you want them to admit to. While these kind of questions may seem mean or excessive, they serve a distinct purpose. The requests should be direct and easy to understand when making them. It’s important to note that just denying the request isn’t a sufficient answer. You must put why you are denying the admission request when answering them.
Noncompliance of Discovery Requests
Failure to comply with the discovery process can lead to consequences. One of these consequences are a Motion to Compel. This basically puts a person on the hook for attorney fees due to them ignoring the requests that were sent to their attention. It is imperative that parties work together to get them done timely an accurately. If you are missing key things when you submit them back to the other party, they can compel you to fix your answers.
While this might all see like a lot, it’s standard for these to be complete within 30 days. However, you can get extensions from the opposing party by asking for them. This is usually reasonable for cases with a lot of financial issues that come with the case. A family law attorney with experience can make this whole process run smoothly.
Wagoner Child Custody Attorneys
In conclusion, the discovery process in a custody case in Oklahoma serves multiple essential purposes, including fact-finding, clarifying issues, preparing for trial, and ultimately protecting the child’s best interests. By gathering and exchanging relevant information, both parties can build their cases effectively, and the court can make a well-informed decision regarding the custody arrangement.
Our team here at Wagoner County Attorneys have seen every type of custody arrangement imaginable. This will allow us to help you through not only the discovery portion of the case, but the whole process. If you’re dealing with custody questions or disputes, reach out to us at 918-283-7394 or ask a question online.
