Legal Question in Family Law in Virginia
Can i appeal a discovery?
My ex-husband is trying to sue me for full custody of my nine year old son. I have a clean criminal, and driving record. I am a good mother, and my son prefers me. My ex husband wants complete control, normal for him. I feel as though he is asking me for a discovery to did to find something. I don't do anything wrong, but i do believe that a discovery is somewhat of a invasion of my privacy. My lawyer sent the paperwork to me from his lawyer. I do not wish to fill out any of it. This is about my son, not about me. I told my ex that i would never agree to giving up my son. He told me that he would not give up until he got full custody. He is a bit vindictive.
2 Answers from Attorneys
Re: Can i appeal a discovery?
Unfortunately, with regard to custody matters, what you don't apparently understand is that this(meaning the custody matter) in fact is very much about you and what kind of a person and parent you may be, and not just about your son, since what is ultimately in his best interests (which is what a court must determine in a custody case)is very much related to the answers to questions related to you and your parenting.
Your lawyer should be advising you on the responses most appropriate to these discovery interrogatories and if some are truly beyond the pale, he or she can motion the court for appropriate protective orders or, perhaps, simply advise your refusal to answer on grounds of irrelevancy that will protect you from having to respond----but only for those questions which are truly irrelevant to the issue at hand.
Re: Can i appeal a discovery?
Yes, litigation is an excelent method of annoying someone. Doesn't sound like he will gain custody from you but the Discovery questions asked are proper and must be answered. A clever lawyer will find ways to answer without telling too much. Many dollars are wasted in hearings conducted to force people to answer Discovery. One method to win a case is to wear the other side down, emotionally and financially. It has nothing to do with the ultimate issue of the case of course. Sometimes the person that wins is the last one standing.
If you're seeking second opinions, maybe your lawyer doesn't have your full confidence.
Good luck.