QUESTION
I need bank records or receipts detailing a trip to CO
Asked on Aug 24th, 2023 on Child Custody - Texas
More details to this question:
How do I get my ex’s bank records or receipts from any trip he has taken to Trinidad, CO? He lied on the stand 9/30/20 stating that he hasn’t smoked pot in TX in years, he goes to Trinidad. He’s primary on the custody of our 9 year old son and he’s taking me to court for my Thursdays. I have evidence of him smoking pot while caring for our son. I’m representing myself, don’t have $10,000 for an attorney. He’s gotten me fired from every job since I’ve met him. I filed a motion for me to be the sole custodian until he can get help with his drug addiction. 20 years ago he was charged with possession and intent to distribute meth and did time for that. I’ve looked everywhere, but can’t find his felony charge. I’d like to have that as well to prove a pattern. I asked for the documents in my discovery, but his lawyer said that it wasn’t in the rule of evidence in TX so she won’t provide me with anything. Ideas??
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Reid Dennis & Frick, PC
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You can serve your ex with a request for production of documents or serve the bank with a subpoena for your ex-'s bank records. With respect to the felony conviction, such records are public records which you can obtain directly from the clerk of the court where your ex was convicted. Since you intent to offer them as evidence, you will want to ask for certified copies.I note that to show a pattern, you will want a continuous sequence of evidence regularly occurring throughout the 20 years. Usually, a 20-year old conviction standing alone is too remote in time to be relevant. If you have competent evidence of multiple other convictions over that period of time for the same or substantially identical behavior, you may be able to persuasively argue against his lawyer's objection to your request for the documents concerning the 20-year old conviction.
Answered on Sep 12th, 2023 at 9:09 AM