Family Law Questions? Ask a Family Lawyer Online.
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I am sorry to hear of your troubles! I can answer your questions in the same order you posed them.
Jurisdiction can be proper in another state, if the kids and the ex reside there, and the custody order or divorce was originally entered there. However, the judge should not order that your children, from a completely different marriage turn over medical records via a HIPPA order. The only issues pertaining to health and the ability to take care of the children are his own health issues, and any children that were born as a result of the previous marriage with the ex. You absolutely have a right to file a civil suit to end the harassment, as well as seek any other judicial relief that is proper in that circumstance. It is apparent that if the ex continues to harass you, that a restraining order could be filed, and obtained against her for the harassment. Further, you could seek civil damages for emotional distress, and any other relief that may be proper.
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Has she been to Texas? Does she have any contacts with Texas other than your husband?
I can understand your frustration with her!
Does your husband have an attorney in the custody battle suit?
I would not just submit to all demands. Then you would have to file there in AZ.
Because AZ is the only jurisdiction that has ties to her.
You would need to file a suit with an attorney in AZ.
Tie you to what exactly?
It would not, as it is a completely separate suit that has to do with her intentional acts of harassing you, not anything to do with the custody action.
Does that answer your questions? Does it clear it up for you?
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You would have to actually appeal the granting of the HIPPA order or file a motion to have a hearing on the issue of disclosing the children's health records who are not a party to the action.
Any other questions?
Did you state your husband had a lawyer?
If so, he/she could file it. You do not need to retain a separate lawyer.
Ahh, I see. Well your husband could seek a new lawyer, and I am not sure why they are stating that to you, but then again, my information is not to be taken over the attorneys who are on the case. They are the attorneys that are familiar with the case and the judge.
You could seek an attorney to file a motion separately, but that is something the attorney that you choose will have to decide whether or not to jump in on.
Any other questions this evening?
I wish I could, but the terms of the site prevent me from referring any attorney's or from taking on clients myself. The best way to get a referral is to contact the local bar association in Phoenix for a family law attorney referral.
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