Originally Posted by knoxmomof2:
Hi all ☺️ So, I searched through the posts for subpoena topics and read the advice. I'm possibly in a "pre-subpoena" place right now...and I don't even keep the child any more! DCM and DCD were my first clients with DCB 4 years ago. Since then, they've split, both have remarried and both have their new sons in my care.
DCD is being deployed and wants their 50/50 custody for the 5 year old to continue while he's gone. DCM feels that she should have all but EOW with DCB (this is all from DCD). DCD asked me today (while picking up the younger DCB) if I would testify. I told him that all I had to say was that both parents were good parents, I really had nothing to add. I also pointed out that a subpoena would cost me money AND cause me to miss a day of work (including caring for his other son). He knew what I would say and hoped that it would help his case that DCB needed both sides in his life or something. He said he's not sure if DCM intends to include me or not. It sounds like he doesn't intend to pursue it since we've talked.
My question : would you address it preemptively with DCM in order to try to head off a subpoena or wait and see what happens? If I addressed it, I would certainly make it clear that if I were to be subpoenaed, SOMEONE would need to pay me lost wages.
DCM leaves me out of things, DCD likes to share. I am honest with him each time that I don't want to be in the middle and he drops it.
Thank you in advance for your help!
I would NOT address this with DCM. DCD will likely see this as a breach of assumed confidentiality and a betrayal. I would just tell DCD that if he issues a subpoena, that you will expect him to pay for your lost wages, and that you don't feel that you can help his case at all.