Legal Question in Family Law in California
How do I subpoena my daughters therapist for an upcoming hearing where I am representing myself. Also, how do I request a psychological evaluation by same therapist to by used during hearing?
2 Answers from Attorneys
You will have to have the court issue the subpoena. I suggest you speak to a family law facilitator at the courthouse near you for assistance in how to do this.
You will need a form SUBP001. However, if you are in a San Diego County courtroom you will probably need to give notice of your intent to take oral testimony. There is a good chance the judge will set the matter for another day for an evidentiary hearing. You will need to pay the psychologist to appear at the hearing, which can be expensive. If the judge gives you another date for an evidentiary hearing you will need to pay him to appear at that hearing. A treating psychologist cannot be the psychological evaluator, that is a conflict. You need an attorney to go through these procedures and if your case is sufficiently complex to need a psychological evaluation, you should have an attorney who is familiar with the court process and what the judge will be looking for in making a custody order.