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Stepmother in CA identified herself s biological mother to…

Stepmother in CA identified...

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?

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11/17/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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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?

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Customer reply replied 7 months ago
Still waiting

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

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Customer reply replied 7 months 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?

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Customer reply replied 7 months 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.

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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
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Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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