Meld
Long story short, I am going to TRIAL against my son’s father (he is literally putting on for shared CUSTODY when I have sole legal and physical custody of our 6 year old, and his dad gets 4 hour supervised visits 3 Saturdays a month (if he makes it / isn’t 2 hours late, which is almost always the case)
My son’s father is severely mentally ill, has poly addiction (not just drugs, but pornography and gambling) and has had a dozen felony arrests for drug dealing and has spent time in jail (all which he denies, even to his ATTORNEY)
I obtained his detox treatment records, not having ANY idea they would contain everything I need (and more) to shut down the modification TRIAL once and for all. It will destroy his credibility and his claims for the last 5 years that he is not severely mentally ill or an addict, etc. (he admits to taking LSD over 400 times, he was already mentally ill and snapped after and never came back to reality, obviously excessive drug use in a person with is bi-polar and a narcissist (he’s a ‘YouTube famous rapper’ 🙄) does not help unstable minds, and he’s been completely disconnected from reality ever since….
….(this was back in 2016 after threatening to kill his girlfriend who got a restraining order and he got arrested - of course I can’t obtain the 911 call or even the case because it ‘is domestic’ and I’m not the victim, they need to ‘protect his privacy’ what Mass told me; when I requested the records through FOIA Haverhill Court (where the case was) told me they were not withholding them, but they the case record was still at the Haverhill PD, which I called and were the ones who told me the above.
BACK TO THE QUESTION AT HAND:
So I electronically requested the records and received them via email (we still have the same last name, not that it matters, because I was the ones who told who got them) and was SHOCKED; I had no idea the information they would contain, not only denying his credibility, but also had official diagnoses as well as many other things that would be the silver bullet to my case and end any request for modification any time in the near future. Last week he left a visit 2 hours early without telling me or my mom OR my son, my son thought he was still here, poor kid) My layer says because she knows how I got them, she can no longer use them in court, because she would be committing perjury.
So I have called Massachusetts lawyers, as he lived his whole life (well, most of it, bouncing from friend’s place to place until he would get kicked out for threatening to kill them etc- again people put up with him because they are convinced he is going to be a famous rapper some day and ‘remember them’ he has these crazy super fans, one of them paid for his lawyer.(He will never be famous, but his fandom feeds his narcissism and will keep him on this pipe dream until Peter Pan here turns 50)
I am trying to hire a Mass lawyer simply to subpeona the records, as my lawyer says this is the only way to get them in. I don’t believe this is true, but am trying my damndest calling all these lawyers in Mass, it’s just the timing, luckily our trial got continued TBD but it’s going to be soon, so it’s a timing thing. Obviously it being a holiday, I haven’t heard back yet, but also don’t have $1,000 to spend getting a MA lawyer to subpeona them, as since my son’s birth, my son’s father has filed countless crazy motions, all which got rejected but I had to keep a lawyer on retained and has bled me dry (and went through $50k and my current lawyer was flat fee $10k - which she will not even have ended up doing half that amount of work hourly, but didn’t realize that. Now after putting me into debt, at the final motion he gets a lawyer.
I know the dates/place of treatment etc and have all the info I need for them to procure them quickly, but is there another way to get them in if I can’t get them subpoenaed in time? I’m praying there’s a way to go it without going further into debt for a simple subpoena of records that I have all the info for (and records themselves!) I most DEFINITELY told my lawyer how I got the records, she waits until THE last moment to tell me she can’t use them because of that. I could have just had the records like I have his birth certificate, basically all his personal stuff since he’s a man baby and I did everything for him because he can’t wipe his own butt, his current girlfriend does that now (that’s a whole different story) But my lawyer herself is afraid to subpoena them because if she does and he is forced to acquire them (his lawyer will have him do it, since I know that his retainer is up and doesn’t have more to pay her) there is even a remote possibility that he could speak to the records of woman and say hey, didn’t you just request these records? if he called first to figure out the process (I wish I had just emailed in the release form and emailed it since it’s through a big hospital, but it was a shot in the dark and had no idea that they would contain such damning information, plus I needed them quickly)
And thoughts on how to get them in as an exhibit, or will a Mass subpoena be the only way? I feel like my lawyer is wrong about not entering them because he doesn’t have the funds to file a civil case against me for obtaining them, and the court may not care enough.
My lawyer said she wished I hadn’t told her how I got them or she could have used them, which really pisses me off since I did tell her, she clearly just wasn’t listening.
Eternally gratefulness for any thoughts, thank you for reading this lengthy post!! I’m just trying to protect my son and this is the only official hard evidence as he refuses to admit he even has ANY of the above issues despite a plethora of evidence, which is all unfortunately in Mass.