Legal Question in Family Law in Massachusetts
I'm trying to format a production of documents request for an upcoming custody modification trial in Barnstable County; however, the date of discovery completion is in three days. I've been consistent in asking the custodial parent solely for my 13-year-old child's school records, in emails and phone contact. These records include documented incidents of self-abuse, none of which I'm legally entitled to see apparently; however, they are important and relevant. Can I ask the judge for a court order to have these documents given to me when I get back to MA (a week before the trial), having failed to ask for them via the discovery process? I have legal custody of my child. I reside out of state (but I'm usually in MA to be near my child) and my child is currently with me for summer vacation.
1 Answer from Attorneys
Not sure why you wouldn't have access to those records as a parent with legal custody.
Nonetheless, trying to get documents that close to trial is a bad idea. Because the discovery deadline is approaching and you haven't formally requested the documents, you should do so with a formal request, and if that doesn't work, you would have to file a motion to compel and ask the court for a court order for the other parent to produce them.
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