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My husband is involved in custody battle in Arizona. We live

in another state! His ex...
My husband is involved in custody battle in Arizona. We live in another state! His ex is trying to use health issues and demand my children from another marriage turn over medical records (they are minors and not Az residents) divorce court judge ordered it ...but i dont want my kids used or dragged in this mess over all I feel our rights being violated! The ex is harassing and Internet stalking as well...does the judge have right and jurisdiction? Can I refuse re hippa? Do I have cause for civil suit to end this five year harassment stent??
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Answered in 5 minutes by:
3/2/2013
Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
Experience: I am well equipped to handle any family law problem you might have.
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meigs004 :

Hello, how are you today?

meigs004 :

I am sorry to hear of your troubles! I can answer your questions in the same order you posed them.

meigs004 :

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.

meigs004 :

I would love to discuss the question further with you when you have a moment to join the chat. If this answer does answer your question then please remember to provide a positive rating prior to exiting the chat by selecting the smiley face so that I can be credited for our time together.

JACUSTOMER-lavfj8n0- : What state do I file suit in? And can I retain a lawyer to contact this judge to cess and desist all these demands?
JACUSTOMER-lavfj8n0- : what would my next step be! This has nearly pushed us to divorce due to the mental anguish and constant evil digging
meigs004 :

Has she been to Texas? Does she have any contacts with Texas other than your husband?

meigs004 :

I can understand your frustration with her!

meigs004 :

Does your husband have an attorney in the custody battle suit?

JACUSTOMER-lavfj8n0- : No none
JACUSTOMER-lavfj8n0- : Yes and they seem to think I should just submit to all demands
meigs004 :

I would not just submit to all demands. Then you would have to file there in AZ.

meigs004 :

Because AZ is the only jurisdiction that has ties to her.

meigs004 :

You would need to file a suit with an attorney in AZ.

JACUSTOMER-lavfj8n0- : Then will that tie me to this by filing in az
meigs004 :

Tie you to what exactly?

JACUSTOMER-lavfj8n0- : the as divorce jursidiction
meigs004 :

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.

meigs004 :

Does that answer your questions? Does it clear it up for you?

meigs004 :

Do you have any other questions?

meigs004 :

If this does answer all of your questions, and you do not have any others, please remember to provide a positive rating by clicking the smiley face and submitting. If you would like clarification or elaboration on the answers that I have provided please feel free to ask and I will gladly address them for you!

JACUSTOMER-lavfj8n0- : What do I need to do to respond to this judge??
meigs004 :

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.

meigs004 :

Any other questions?

JACUSTOMER-lavfj8n0- : So retain my own lawyer to answer or file motion
meigs004 :

Did you state your husband had a lawyer?

meigs004 :

If so, he/she could file it. You do not need to retain a separate lawyer.

JACUSTOMER-lavfj8n0- : Yes! But I don't feel they are on my side
JACUSTOMER-lavfj8n0- : They are pushing for me to comply
JACUSTOMER-lavfj8n0- : Seems they must be golf buddies and have a deal already
meigs004 :

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.

meigs004 :

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.

meigs004 :

Any other questions this evening?

JACUSTOMER-lavfj8n0- : Is there an attorney in Phoenix to refer me too
meigs004 :

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.

Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
Experience: I am well equipped to handle any family law problem you might have.
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Meigs
Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
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