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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85806
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I divorced 25 yrs ago. The ex as a parting gift after the divorce

Customer Question

I divorced 25 yrs ago. The ex as a parting gift after the divorce was final slapped me with with an Injunction banning me from ever contacting him or his family members again. This has caused NO problems, never contacted in all that time as he is a toxic person. Ex in Utah, I am in FL
However, our 42 yo son is on life support in the hospital now in TN.. His doctor is giving twice daily updates on son's condition to ex who doesn't have the decency to pass any info along.
I DID have a password XXXXX that I could call the nurse once a day and at least get a 2 minute update. Last saturday morning I called and was told the password XXXXX been changed and I could receive no information.
Only my son's girlfriend is on site and she is now angry because I won't violate the Court Order and call the ex. The fact that he had the password XXXXX is proof that he still has malice toward me and will prevent me from obtaining even minimal information on my son's condition.
Since time is of the essence I am going to try to contact the administration tomorrow (holiday weekend now) and request at the least, the password XXXXX speak to the nurse.
The doctor assumes that his updates are being passed along to me and they are not. I do not ask for twice a day updates, but think I should be able to speak to the doctor if my son improves or takes a downturn. My son had no Living Will, but he would never want me cut off like this. I have as much right as the father to receive information from the doctor.
I could grovel and beg, and violate the Court Order and still not receive any information.
I am 72 and use a walker. I cannot travel due to my health. Initiating a phone call to the ex is not going to be the answer. What can I do?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am so sorry to hear about your son and that this is going on. Your son's girlfriend can be angry about you not violating the order, but you cannot do so. Your son's girlfriend can contact the ex and negotiate with him for information and access. However, as you both have rights to the information, the hospital administration will have to give you access to the site and you are going to have to discuss it with them and show them the copy of the restraining order so they are aware of the bad blood between you and the ex and his family.

The son's girlfriend, on the other hand, is not under any injunction and if she wants to call him and deal with him, that is not illegal and it is not a violation of the order and you need to tell her that.

Your final recourse, if the hospital will not agree, would be that you can get an emergency ex parte court order of guardianship over your son because of his medical condition from the court and this would give you all of the control over your son's affairs and your ex would not even be able to get through that one except by coming to court in TN and trying to prove he would be a better guardian for your son than you are.


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Customer: replied 10 months ago.


What type of attorney would I need to do this, and would becoming his guardian make me responsible for his hospital bill? My son is uninsured. As I mentioned, I am a 72 yo widow with not much resources.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

You would need a family law attorney. You becoming his legal guardian does not make you liable for his hospital bill or any other bill, it would just put you in charge of managing his affairs and making decisions for him because he cannot do so.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85806
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


God bless you and thank you for your help.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you so much. I hope everything works out with your son and your situation for the best.

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