Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Stepmother in CA identified herself s biological mother to

hospital to get my granddaughter...
Stepmother in CA identified herself s biological mother to hospital to get my granddaughter vaccinated against the biological mothers wishes. What if any law was violated and is hospital liable?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
11/17/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,369
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Was there a court order that stated that the children wouldn't get vaccinated, or otherwise gave the biological mother the right to make these decisions?

Ask Your Own Family Law Question
Customer reply replied 27 days ago
Still waiting

Apologies, had to step away from the computer for a bit. What does the court order actually say?

Ask Your Own Family Law Question
Customer reply replied 27 days ago
Joint consent between biological mother and father for all medical decision except in emergency.

I see. And to be clear, you would not have consented even if asked, correct?

Ask Your Own Family Law Question
Customer reply replied 27 days ago
Correct. It was clarified on several occasions

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Ask Your Own Family Law Question

Thank you. First of all, there's a violation of the consent order. That's called "contempt". And the court can issue sanctions for this happening. If this provision of the custody decree was violated, that's called "contempt". The next step would be to file what's known as a "Motion for Order to Show Cause and for Contempt". That's essentially asking the court to tell the other party to explain why he/she violated a court order, and if there's no good reason, then it can hold the other party in contempt. Contempt could be a range of penalties, from monetary sanctions to loss of rights, even to jail time for noncompliance.

You should contact the court clerk and ask about the process to file a "Motion for Order to Show Cause and for Contempt", and what needs to be done next. Furthermore, if you get an attorney, you can ask for attorney's fees and costs as part of the sanctions. That being said, you should contact an attorney in your area that deals with family law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

There is also the impersonation of you. That's a crime, and you can take it to the police, as it's fraud. You can also allege "battery" as the stepmother had zero right to have them vaccinated. It's legally equivalent to a stranger grabbing your kids and vaccinating them. So I certainly would contact the police about this.

As far as the hospital is concerned, generally speaking they don't have any liability as long as the other party represented themselves with the authority to make this decision. That is, the hospital is not legally bound to "verify" that the person saying they're the biological parent actually is the biological parent. You can still file a complaint against them with the California Department of Public Health (CDPH). To file a complaint with CDPH, fill out the online consumer complaint form. You may also contact the CDPH Licensing and Certification District Office in which the hospital is located, and that might prompt future changes to their policies, but unless you can show that they were grossly negligent in their actions, you probably wouldn't be able to get any compensation from them.

As such, I would press charges with the police for her impersonation (identity theft) of you and battery against your children. And file the contempt order with the court. Courts don't view things like this kindly, which is why I would also get an attorney as detailed above.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,369
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,369
17,369 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Need help from an expert witness or custody family law court
Need help from an expert witness or custody family law court evaluator to fill out a 730 evaluation packet that will decide if my little girls abuser gets to modify no contact no visitation order! Nee… read more
Sue
Sue
Juris Doctorate
209 satisfied customers
I need help in a family law. Vermont. I had one a couple
i had one a couple years ago everything was going good and now im thinking i need one again … read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
It is regarding family law. My son was in court on Monday in
It is regarding family law. My son was in court on Monday in Tarrant county regarding temporary hearing orders to modify the custody orders for a period of six months. My sons attorney motioned to cha… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,223 satisfied customers
My Grandchild was removed from his biological parent's at
My Grandchild was removed from his biological parent's at the age of 5 weeks old and they still do not have him back. We are the paternal Grandparents and would like to find out why he has not been re… read more
Sue
Sue
Juris Doctorate
209 satisfied customers
This is a Family Law question. My "spouse" moved to Arizona
This is a Family Law question. My "spouse" moved to Arizona from Florida almost a year ago and will not allow me to see my daughter. That's right I haven't held her in a year. There is no custody agre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This is about attorney fees award in family law, California,
This is about attorney fees award in family law, California … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question for an immigration and family law attorney
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents. Details: My daughter's mother is from China and… read more
Expert James
Expert James
Doctoral Degree
11,598 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,390 satisfied customers
Family law. Florida. A few. My questions are pertaining to a
My questions are pertaining to a D.V filed against me.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question pertains to family law. After filing with the
Hello. my question pertains to family law. After filing with the state and receiving child support , father ask us to move in . what is the statue of time frame or does he go back to stop child suppor… read more
LegalGems
LegalGems
Juris Doctorate
10,395 satisfied customers
This is a colorado family law question. Is there any risk
This is a colorado family law question. Is there any risk associated with paying my wife out of the house prior to submitting documents to a court for a divorce decree?My wife needs the money; I offer… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
If the biological parents can't get custody of their child,
If the biological parents can't get custody of their child, whom is next to get their child?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,740 satisfied customers
If you are the biological parent no pending or prior to cos
If you are the biological parent no pending or prior to cos case can a judge app a public defender to represent your minor child without your knowledge in texas … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,379 satisfied customers
Family law - custody issues, Arizona, mother in Tennessee
Arizona, mother in Tennessee and jurisdiction in Alaska where custody granted to father who just moved here to Arizona to help aging family members … read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
CAN AM ADOPTIVED CHILD RETURNED TO BIOLOGICAL PARENTS
CAN AM ADOPTIVED CHILD RETURNED TO BIOLOGICAL PARENTS CONTINUE TO RECEIVE SURVIVOR BENEFITS FROM ADOPTED PARENTS … read more
Sue
Sue
Juris Doctorate
209 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x