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  #1  
Old 09-24-2009, 10:28 PM
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Join Date: Jul 2009
Location: ct
Posts: 12

Motions


What is the name of your state (only U.S. law)? CT
My soon to be ex has just been released from a 10 day hospital stay, she currently has filled prescriptions for Morphine, Percocet and Valium which in her deposition and from the medical records obtained show she takes on a regular basis, (- the morphine) there is a motion filed with the court, yet to be heard that if she has obtained narcotic medication that she is required to have alternate transportation for our daughter. She has a script for Morphine that was filled and confirmed by the Dr. and pharmacy. It was reccomended by the Gaurdian ad lidem and my attorney that if she chooses not to do this until the motion is heard that I will contact the police. She basically laughed in my face and left with our daughter tonight to go out. I contacted the police and they said there is nothing they could do unless there is a court order. I feel like my hands are tied and our daughter is at risk. The State social worker is no help and it seems like we are pushed to the bottom of the list because we are not living in a shelter or smoking crack or leaving our daughter home alone etc. etc. Does it seem reasonable that a motion should take 5-6 weeks before it;s on the docket?
  #2  
Old 09-24-2009, 10:47 PM
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Join Date: Mar 2008
Posts: 3,951
What evidence do you have that your ex's medicine is harmful to your daughter?

You are asking CPS to act on the basis of unfounded fears. That's not the way the system works, nor should it. If you have any real evidence of danger, present it. Otherwise, you have to wait for the court order (assuming that they grant it which is not a sure thing).

I can't imagine why your guardian ad litem and attorney told you to call the police. There's nothing illegal about taking doctor prescribed medicine, so I don't know what they were expecting. Now, if she was so doped up that she was driving erratically, that would be a different story and you could call the police on the basis of her driving, NOT on the basis of your fears.

I'm just curious how you obtained her medical records. That is a serious crime under Federal Law unless she gave them to you.
  #3  
Old 09-25-2009, 07:56 AM
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Join Date: Jul 2009
Location: ct
Posts: 12
because of previous issues and the basis of the divorce HIPPA releases were forced by the court after her refusal to provide all medical records and up to the day logs of scripts provided by her MD's
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