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Yes, we sure did include a copy of the court order awarding joing custody (though not relevant, since the statute states it doesn't matter), and the current court order.  

I'd hoped that they would see the mistake, and send the records, however that doesn't seem to be the case.

Thanks.

[medical]

Due to my ex-girlfriend's refusal to disclose pertient information regarding our shared child's health, I have to attain medical records from each facility my daughter has been assessed or seen on a patient basis at. I have requested (using SPARC's letter) it from her primary care, her allergist, her ENT specialist, her dentist, and the hospital from the town where my daughter resides.

I recieved medical records from her primary care pediatrician, and her allergist, the ENT and dentist I just sent the request today. I am assuming they will cooperate, only time will tell.

The hospital is refusing to disclose my daughter's medical records. In their response (June 28) they stated "I have spoken with our legal department and they have informed me that legally we cannot provide you with the material in which you have requested without the consent of her mother SInce your daughter is in the custody of her mother, we would need her consent in order to release her records to you."

According to NM Statutes that state "New Mexico
40-4-9.1. Joint custody; standards for determination; parenting plan.

H. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child, including medical, dental and school records, shall not be denied to a parent because that parent is not the child's physical custodial parent or because that parent is not a joint custodial parent.

I responded to their letter quoting that statute, and have not recieved correspondence since. My assumption is that my ex-girlfriend has a friend/aquaintence that works there, since the town she lives in is quite small.

(1) What legal action can be taken to force the hospital to release the medical records that I am entitled to?

(2) Can the facility be fined for refusing to comply with the statues of NM?

New Mexico Jurisdiction

My ex-girlfriend appealed an order through the Court of Appeals. The Court of Appeals reversed the timesharing arrangment of that order, and remanded the issue of sole custody. Which was denied in the order she appealed.

Today I received a "MANDATE TO DISTRICT COURT CLERK."

It states and I quote:

"Cost Bill is assessed as follows: Appellant is awarded costs as follows:

Filing Fee: $125
Record Proper: $107.30
Total: $232.30

"

My wife and I are confused as to if it is my ex-girlfirend (Appellant) who pays these fees, or myself (Appellee) who pays these fees.

I have tried seding email to the CP's attorney, however she states that issues in this case are not pertinent enough for me to email or telephone her. When I was emailing her, I used ReadNotify and was able to know when she opened it, what the IP/location was, and how many times it was read, or if it was forwarded etc. There is a free trial period, then $30 something per year there after. The link to ReadNotify is http://www.readnotify.com/readnotify/ at the least you can print out the pages tracking the emails. However I wouldn't rely just on the emails, though they have been allowed into evidence prior, it depends on the Judge, and the state of jurisdiction.

So, I went back to sending registered/certified mail.

>>2)  Should I warn the non-custodial parent of the
>consequences
>>in order to give the non-custodial parent the chance to
>>correct her behavior?

I am sure that she has thought about the consequences, and feels that they are minute, if any.

Should you "warn," her, she may feel this as a threat. Each time I alert my CP of the consequences, she always states I am threatening her with "more court," by no means do I want to go to court, and would avoid it completely if I were able to, however that is the only way CP will comply with the court order.

Goodluck.

My wife has encouraged me to record all telephonic communication, because that's when my ex-girlfriend really shows her arse. However I feel akward recording the calls, and I feel like should I record, and bring this evidence into court it will look bad on my behalf.

Here in NM my wife reassures me that only one party needs to be aware of the recording device. I know that if I were to make her aware of the device she would refuse to communicate with me. The only time she communicates, is when I call her. She refuses to call me, or write me. Never does she responde to the letters I send to her.

This is a huge disaster, thank you for your input.

[6.]

The order that stated she had the right to make "all day-to-day decisions" was the one that the Court of Appeals reversed.

The order that is now in effect, hell I'll just quote it:

6. When Mother and the minor child are in Albuquerque for the appointments at , Father will have the opporotunity for visitation with the minor child according to the following provisions:

a. The first visit will be on Sunday, April 10, 2005 for one hour;
b. The visitations will continue to occur on the dates when the child has appointments with (a schedule to be provided by Mother to Father for as far in advance as known);
c. The visits will be at the McDonald's resturant located at

unless an alternate place is agreed upon in advance by the parties;
d. Mother will supervise the visits;
e. Only the parties and the minor child will be present at the visitation.

7. Father will have he opporotunity to visit with the minor child every other Sunday, beginning April 17, 2005 in , according to the following provisions:

a. The visits will be for two hours between 1:00 p.m. and 3:00 p.m.;
b. The visits will be at a place designated by Mother;
c. Mother will supervise the visits;
d. If Father does not arrive at the place designated by Mother by 1:15 p.m. on the designated date for visitation, Mother is allowed to consider the visitation cancelled, unless Father has notified Mother in advance of a different time schedule and she as agree to alter the time for the visitation;
e.  If Father misses a scheduled visitation, he will not recieve make up time;
f. If Father misses a scheduled visitation, he will not forfeit his right to the next visitation to occur in two weeks from that date;
g. Only the parties and the minor child will be present at the visitation.

To me, and my wife it's clearly meant to have visitation every weekend, alternating between the two towns of residence. My ex-girlfriend is stating that she has the right to choose when the visitation is to occur, and I corrected that she's able to choose where it is to occur, when the timesharing is in her town, however not the date. Her attorney is confirming this decision, and I recieved a letter stating that she (ex) would need a weekend to herself to schedule events for the child, which is why she (ex) wanted the events to both occur on the same day/weekend.

I am quite appalled that she (ex) is making the timesharing seem like a massive amount of time.

State of New Mexico

I requested a two month suspension on timesharing with my then three year old child. I consulted with my student attorney, and stated I wanted to suspend timesharing over the summer months, so my ex-girlfriend would be able to potty train the child. The ex-girlfriend's complaint was that the child was not receiving consistency in each house hold, re: potty training. He responded that a two month suspension would not be appropriate, however a more "solid," suspension would be six months; he also stated that if after two months the child was potty trained, that I would be able to file an order reinstating the timesharing.

Fast forward to six months after the order suspending timesharing was filed. I attempted to reinstate the timesharing, and my ex-girlfriend and her attorney stated that the child did not know me, and could not just restart the timesharing as it was prior to the suspension order. I agreed that it had been a long time, and that I would agree to an integration schedule with the child. However my student attorney and my ex-girlfriend's attorney were not able to reach an agreement on my and my ex-girlfriend's behalf.

Four months later, still no agreement, and we returned to court over the issues. The judge ordered a integration schedule which entailed me seeing the child every weekend, one hour in my city, and the next weekend in my ex-girlfriend's town for 2 hours, supervised by my ex-girlfriend. Also ordering the child to attend play therapy. During this time, my ex-girlfriend called CYFD on myself and my wife multiple times with a varying allegations, all which were unfounded and cleared by CYFD. My wife and myself decided it was in our shared children's behalf that we separate, and remove them from the "playing field," for my ex-girlfriend to use as weapons against me.

My wife moved to Texas to be with her Father, and other family members. During our separation, my wife had begun dating another man. She assured me that if I were in Texas that we would be alright in our relationship. I moved to Texas very shortly thereafter, abandoning the integration schedule. The next month my ex-girlfriend filed for sole custody of the child. The hearing for that motion was scheduled for four months after the motion was filed.

At that hearing, the judge denied my ex-girlfriend's motion for sole custody, and awarded myself one overnight every other month, to occur at my mother's house, two hours from the child's primary residence. During that hearing my ex-girlfriend's attorney said that myself and my ex-girlfriend had "communication," problems and because of that she (ex-girlfriend) was unable to make decisions regarding the child. The judge awarded her the "right to make all day-to-day decisions regarding the child," to relieve her complaint of decision making. Unfortunately my ex-girlfriend's attorney was not satisfied with that, and complained that they child would be "severely traumatized," if he chose to order one overnight every other month; the judge stated that if she didn't like the decision that "that's what the Court of Appeals is for."

My wife and I moved back to New Mexico the month after that hearing occurred.

My ex-girlfriend's attorney took his advice and appealed the order, and the timesharing of one overnight every other month was reversed, and the decision on sole custody was remanded. My question is:

After the court of appeals reversed the order, and it reverted back to the prior order allowing me to see the child every weekend, in the two different cities. My ex-girlfriend is attempting to modify the order to where both timesharing events occur on the same day, in the two different cities. The order clearly has the two events dated with the dates for the events to occur, a week apart, not on the same day.

1. Can she modify the order without my agreement on the premise that she needs a weekend to herself to schedule events for the child?

If you would like to view the order for clarification, I would be obliged to e-mail it to you.

My ex-girlfriend filed for sole custody when I moved out of state for a short period. The judge denied her motion, and granted me one overnight every other month. She appealed.

The Court of Appeals has filed a "Notice Proposed Summary Disposition," which they say her (ex-gf) burden is a heavy one to have this decision reversed/remanded. Theevidence she brought forth in her docket statement, was not sufficient. They propose a Summary Affirmance.

We have 20 days (from 1/31) to file a memorandum telling the Court any reasons this proposed disposition should or should not be made.

I have attempted to write a memorandum, but I don't have the skills to do so, I'm pro-se.

I wished I could show you what I have, but since this is a public form, I do have reservations.

Would not responding be bad? If so, how can I do this and file it by tomorrow?

"What is the exact name of the court that this order is being appealed to, and what is the name of the court that the order is being appealed from (i.e., the caption at the top of the notice of appeal is the "from" court)?"

Second Judicial District Court is where the minute order is from, which is the order they are appealing. All we've gotten so far from them is the "notice of appeal," which was also headed with the Second Judicial District Court. I think that is just a requirement that they notify the judge that ordered it be notified of the appeal as well as the other parties involved.

I really think that BM will pull out of the appeal; however I think that she's manipulated her attorney into doing some of the work if not all of it pro bono. She is either doing some work pro bono, or BM is getting help funding this hasty case.

I'm not sure if I said before, the Clinical Psychologist identified with the MMPI-2 (also administered to myself and my wife) that BM was passive-aggressive on her approach to situations. As well as using her emotions (crying/lying) to manipulate and control other people and was heavily reliant on her parents for decision making.

In my opinion this appeal whether she intends to go through with it or not, only solidifies in my mind, and it should too with the court that she is attempting to completely annihilate me from my child's life.