Has she attended any AA or NA meetings? If she has a sponsor you can subpoena them or any other "friends" who know of her drug use.Originally Posted by octrom66The thread got a bit outta hand and, for some reason could not find this one... so I posted again. Sorry.
Anyway... Yes, X has been admitted recently to a hospital for what she says was a "kidney infection" but I don't know how to get the hospital records and don't actually know which hospital it was. How can I get them?
When you figure out what hospital, a subpoena must be issued to the custodian of records at the hospital in accordance with your state's rules of civil procedure (subpoena the custodian to the Sept. 13 hearing and tell them to come with the records). The hospital will likely object (or she will) because drug treatment and/or psych. records are protected. You or your lawyer will have to appear before the judge and explain why you need. Judge will order them to be produced under seal so he can look at them.
The hearing date set by the stand-in commissioner (Sept. 13) for the MODIFICATION OF VISITATION AND CHILD SUPPORT addresses the fact that I am accusing X of being in contempt and that I wanted the court to do something about it. I hope that the original commissioner sees the mess up and does something about it... but I was hoping to do whatever I could to cover all bases. Now, it seems as though they are not.
Then, on Sept 29, I have the hearing to see what the evaluator recommends.
The evaluator will need those records as well.
I don't want to piss the court off for filing something they might consider frivolous. Just want to accentuate the fact that she DIDN'T take the hair test as ordered the first time and that should show as either contempt or as a dirty test. AND... she lied to the court about it.
I think this should establish with the court that she is unfit... at least til she has been clean for 6 months or more.