Legal Question in Wills and Trusts in California

I'm the plaintiff in a probate case to undo full custody that my mother fraudulently obtained of my son (by way of falsifying and forging court documents). The grandmother has suddenly came to the realization that my son has Autism and is having him evaluated by a psychologist who is a friend of hers (if he is diagnosed as a result of this con, she will have the upper hand in court). She is trying to state that she forged/falsified documents out of his best interest, but medical records show that I had him evaluated as a child (for what I suspect at the time to be seizures), and the doctor found him to be perfectly normal with no signs of seizures occurring in the past. The doctor is refusing to provide me these records because my mother has informed her not to (and probably slandered me in the process). My question is, in probate court, which form(s) would we use to subpoena this information? Thank You


Asked on 3/13/10, 4:50 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You should not be in probate court as that handles monetary assets of people; I would assume you are or should be in family law court. Go to the court's web site and go to the local rules as to family law, child custody, and read through them to see what rules you must follow. If they do not include a form subpoena, go to the court forms web site for a copy. It is probably teh standard subpoena form; the person who lholds the recoreds is entitled to a feee to produce them as is the copying service that you have go t the Dr.'s Office to make the copies. Unless you can get them to do so, whilch I doubt they will, the Dr. wil not just mlake a copy and send it to you. Also, the subpoena should be limited to medical records relevant to the case and not all of the medical records. Obviously there aremore issue going on than jsut the medical condition of your child; it would be best for you to hire an attorney in order to get your son back.

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Answered on 3/19/10, 11:35 am


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