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Author Topic: CA issue  (Read 1386 times)

mishelle2

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CA issue
« on: Dec 14, 2006, 08:58:37 AM »
Soc,


OK, SO state is CA I am returning to mediation for custody/visitation issues for 12 /12 yr old son, we have joint legal she has sole physical, i have every other weekend one mid week and we split all holidays and summer,  per mothers request.. as she wants to take away some of my time..
we have a mediation triage monday morning as she is attempting to take part of my christmas break as it is my year to have the majority..she had majority last year...
then we will be referred to mediation for other issues mother has, mainly she wants to take away the majority of what i have, her reasoning is that I have other children and she doesnt so its not fair for her to be alone when I never have to. ..and yes.. the court allows her to say stupid comments like that...
we went to court in march of 05 I was going for 50/50 and judge was gonna give it to me, then asked to interview child.. when she interviewed him, I was not even notified of the date.. my atty was ticked.. well the child was coached by her atty,and her family and told judge he didnt want to see me more.. therefore judge ordered the custody order to stay the same. I will ask for 50% this time.


Bm has a problem with her leg (she says medical mystery) and takes prescription pain pills, vicodin.. I have concerns as to how many she is taking as I know she is driving with my son in the car

questoins are:

1. Can I supeona medical/pahrmacy records?

2. Does court take into account prescription drug use?

3. any other advice?


thanks


socrateaser

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RE: CA issue
« Reply #1 on: Dec 14, 2006, 05:52:06 PM »
>Soc,
>
>
>OK, SO state is CA I am returning to mediation for
>custody/visitation issues for 12 /12 yr old son, we have joint
>legal she has sole physical, i have every other weekend one
>mid week and we split all holidays and summer,  per mothers
>request.. as she wants to take away some of my time..
>we have a mediation triage monday morning as she is attempting
>to take part of my christmas break as it is my year to have
>the majority..she had majority last year...
>then we will be referred to mediation for other issues mother
>has, mainly she wants to take away the majority of what i
>have, her reasoning is that I have other children and she
>doesnt so its not fair for her to be alone when I never have
>to. ..and yes.. the court allows her to say stupid comments
>like that...
>we went to court in march of 05 I was going for 50/50 and
>judge was gonna give it to me, then asked to interview child..
>when she interviewed him, I was not even notified of the
>date.. my atty was ticked.. well the child was coached by her
>atty,and her family and told judge he didnt want to see me
>more.. therefore judge ordered the custody order to stay the
>same. I will ask for 50% this time.

Your attorney should have moved to disqualify the judge for bias.

>questoins are:
>
>1. Can I supeona medical/pahrmacy records?

Yes.

>
>2. Does court take into account prescription drug use?

If you can show or the parent admits that she is using vicodin continuously to control pain, and she admits to driving, then that would be evidence of an affirmative act which puts the child in danger.

Vicodin is an opiate and driving under the influance is criminal. You may want to think about taking evidence and not revealing in advance what you want to try to prove, beyond your position that the other parent is a substance abuser.

In other words, you allege that the parent routinely uses the drugs for pain, and that this places the child in danger, but you hold back on the motor vehicle issue, and then question her about her daily activities and try to catch her routinely driving while under the influence of vicodin.

That would be pretty damaging.

>3. any other advice?

This all could backfire, because the judge could decide that the child's interests require that he get transportation so that the parent doesn't have to drive. And, guess where the money for that transportation would come from?

Uh huh...

mishelle2

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RE: CA issue
« Reply #2 on: Dec 15, 2006, 08:55:47 AM »
Soc,


         Bm has personally told me that the pain meds the dr. gave her make her loopy.. Shes not the most intelligent person on the earth. Also child has revealed some things to me which have taken place while mother is asleep, and the child is unsupervised.

   

1. Can you tell me if it is possible to supeona her pharmacy records without her knowing?


2. If She goes from walk in clinic to walk in clinic, do I have to supeona all of them?

socrateaser

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RE: CA issue
« Reply #3 on: Dec 15, 2006, 01:58:29 PM »
>1. Can you tell me if it is possible to supeona her pharmacy
>records without her knowing?

No. You must give her notice of a supoena to obtain consumer records from a medical service provider, with sufficient time for her to try to quash the action in court. This is a California-specific right, based on the existence of an express right of privacy in the California Constititution, not found in the Federal Constitution.

>2. If She goes from walk in clinic to walk in clinic, do I
>have to supeona all of them?

Probably, if they're all different companies. However, if she is using insurance to obtain the meds, then the insurance company should have copies of everything.

 

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