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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5944
Experience:  20 years of professional experience
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What does it mean that a particular state has a rule that contesting

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What does it mean that a particular state has a rule that contesting custody waives the right to Confidentiality of health records when they petition for custody? How can I get my court case moved to another county when the judge refuses to move it?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
1. What does it mean that a particular state has a rule that contesting custody waives the right to Confidentiality of health records when they petition for custody?
So, sometimes there is an issue whether a parent is mentally and/or physically fit to tend to the needs of a child. For this reason, that parent cannot assert HIPAA privacy rules to protect against the discovery of his or her medical records. In other words, when you seek custody, you must be able to show to the court by and through your medical records that there is no medical issue that would prevent you from caring for the child if custody was in fact granted to you.
2. How can I get my court case moved to another county when the judge refuses to move it?
http://codes.lp.findlaw.com/incode/34/35
At the link above you will find the venue rules.
The court or the judge shall change the venue of any civil action upon the application of either party, made upon affidavit showing one (1) or more of the following causes:
(1) The judge has been engaged as counsel in the cause before the judge's election or appointment as judge or is otherwise interested in the cause.
(2) The judge is of kin to either party.
(3) The opposite party has an undue influence over the citizens of the county, or an odium attaches to the applicant or to the applicant's cause of action or defense, on account of local prejudice.
(4) The county is a party to the suit.
(5) Showing to the satisfaction of the court that the convenience of witnesses and the ends of justice would be promoted by the change.
(6) The judge of the court in which the action is pending is a material witness for the party applying for the change.
(7) Either party makes and files an affidavit of the bias, prejudice, or interest of the judge before whom the cause is pending.
So, notice that the rule says that a judge "shall" change venue. If you meet the one or more of the above requirements and the judge still refuses to change venue, then you have to "sue" the judge in a petition for writ of mandamus in an appellate court and ask for a stay order as well.
See link below. Rule 2A. See also IN case below that.
http://www.in.gov/judiciary/rules/orig_act/
https://casetext.com/case/state-ex-rel-steers-v-superior-court-etc
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