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littlesamauri

Junior Member
What is the name of your state? OH
I am the custodial father of a 6 year old. Last time my son went to visit his mom she completely flipped out in front of him, she kicked him, threatened to beat him with a belt, told him he couldn't see his ex step dad anymore, was throwing things all over the house & other things. This is everything that my son told me. She says I have no evidence of this. She is bipolar. I am sick of my kid having less than pleasant visits with his mother because she refuses to be on medication for her illness. She has been locked up in a mental institution 2 times in one year. I have tried to work with her, but it is impossible to work with someone who is in this condition & I definitely do not want to send my kid there anymore. She never asked to see him until I told her he wasn't coming until after we went back to court. He had to ask her if he could come and see her in order to go there & of course there was always an excuse as to why he had to wait until another weekend. Then when I sent him she only spent a day with him, the rest of the weekend he was with other people. But now that I have told her no she is telling me I can't keep her son from her. And she is flipping out. I just want her to get some help before he has to spend another minute alone with her. I told her I am subpeonaing all of her mental health records from when she was locked up & from her psychologist & asking the judge to order her to get treatment. She told me that she would sue me if I subpeonaed her records. She can't sue me can she? I want my kid to see his mom only because he wants to, but not alone under those conditions will I send him there, I don't care if I get into trouble over it. We do have an existing court order. I also want her decision making for him to be taken away because she apparently can't even make decisions for herself. What happens in a situation like this when you break a court order by not sending your child for visitation? Is there anything that can be done to speed things up or make a temporary order for supervised visits so that he can at least see his mom without all of the chaos? This way I don't have to keep him from her for an extreme amount of time until a final court hearing? He wants to see her but I am NOT sending him until this is resolved. Meanwhile he has to suffer too, but I am doing it so that he is safe.:confused:
 
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hexeliebe

Guest
She can't sue me can she?
No, but I doubt seriously if the doctor will release her records without a subpoena and you can't do that, only a judge can sign a subpoena.

I want my kid to see his mom only because he wants to, but not alone under those conditions will I send him there,
Oh yes you will, if there is a valid court order for visitation. If not, then no, you don't have to.

I don't care if I get into trouble over it.
That's just great. To hell with your son huh? You don't care if he's left with strangers who have to explain to him that daddy is in jail and mommie is a wakko?

Better get your priorities straight real quick.

We do have an existing court order.
Then follow it until it's changed...PERIOD!

I also want her decision making for him to be taken away because she apparently can't even make decisions for herself.
So who cares? You can take away anything. Only a judge can do that and from what you've posted here, there ain't going to be any 'taking away'. Besides, what proof have you offered?

Is there anything that can be done to speed things up or make a temporary order for supervised visits so that he can at least see his mom without all of the chaos?
Yes, either file for an emergency order for supervised visitation or follow the existing order to the letter.

This way I don't have to keep him from her for an extreme amount of time until a final court hearing? He wants to see her but I am NOT sending him until this is resolved.
My only advice for you then is get ready for your son to live with momma. Who do you think will get her if and when you go to jail for contempt? Harsh? You bet. Likely to happen. Who knows.

Listen guy, all through this thread you've told us what YOU won't allow. Sorry, but you gave up the right to decide when you got divorced. Now it's in the hands of a judge.

So, if you want to push for anything, you'd better get an attorney to push through an emergency petition for supervised visitation or the next push you'll be getting is through the bars looking back watching your nutso ex take your son.
 

WyattJ

Member
I never had to get a judge to sign my subpoenas. As long as I had a court case with my ex then I was able to get the two subpoenas I needed, and that was taken care of in the Circuit Clerk's office. I opt to have a police officer go and get the information that I was getting - I went and did it myself.
 
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hexeliebe

Guest
Did you ever try to get a doctor's patient records? I doubt it.

The court takes very seriously the right of privacy and you can bet your attorney fees that the doctor's first call will be to his attorney who will tell him, No, do not accept the subpoena.

Now, what do you do? Quick. In 15 minutes the attorney will be at the courthouse filing a petition to show cause, a petition to exclude and probably filing his lunch menu for court the next day where you'll end up explaining why you want the records.
 

stealth2

Under the Radar Member
You should likely spend some time familiarizing yourself with HIPPA and the patient privacy portions of it. You may well have trouble getting copies of her medical records w/o her permission.

Hex is correct - if you have a court order for visitation, you are left with little choice except to abide by it. I myself would be speaking with a lawyer ASAP to find out how an emergency hearing for supervised visitation could be calendared and what proof I would need to present. The testimony of a 6yo may not go far at all.
 

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