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Single Parents
PoundCake
member
Visitation question for those with addicted spouses/ex's
PoundCake
member
When you set up child visitation, were you able to ask for mandated treatment?
I'm saving for the 137.00 to do it on my own since I can't afford the lawyer's price. I want to get it done because he doesn't really call to see them but when he does, he gets abusive and harassing. This way if I set it up with supervised, he can see them if he wants but I don't have to see him.
I wish I could do the lawyer route but with no child support and working not a lot and the state he left us in, I can't do it. And legal services won't help-I checked into that.
What were the terms of your visitation? What kind of proof did you need to be able to not have him have them overnight and only supervised?
Diagnosed with PCOS June 2004
Abby born 2/2007 and Ally 3/2009
http://Life In Sublurbia.blogspot.com
http://Life In Sublurbia.blogspot.com
This discussion has been closed.
Re: Visitation question for those with addicted spouses/ex's
Well my XH DID have only supervised visits. I had proof of his drug abuse with pics of the drugs, as well as pics of doors and other objects that he had damaged.
He also had gotten in trouble with the law so I had all of this documentation.
My friends ex only has supervised visits. He is on steroids and is bipolar. She took pics of the steroids and needles along with the house when he had destroyed it. And she has medical records to prove he's bipolar.
My STBXH wasn't addicted, but he was abusive. At the beginning it was up to me to take action until there was proof so I immediately filed for a TPO. That got the ball rolling and he was accountable for showing up in court and proving he was a fit parent (which he wasn't).
I'm really surprised Legal Aid won't help you. Do you have some kind of women's abuse/crisis center in your area? One of their employees really helped me out with the whole process and helped me find an attorney who took my case pro bono.
Good luck!
How did your friend get the medical records? I know with the HIPPA requirements it's very difficult to get copies of anyone's records unless they authorize them.
When they didn't agree in mediation she had the mediator get them.
Get a lawyer. I know you think you can't afford it, but for something this important, you need serious legal advice. You will need to figure out the best way to put the evidence together to show that your ex is unfit for unsupervised visitation. You don't want to leave any loopholes for your addict ex to come and make your life difficult or worse, endanger the life of your child.
Call your county Bar Association. Many of them have referral lines which can give you the names of up to three family law attorneys in your area. You can have an initial consultation for free or low cost. You might find that there is some way to finance legal representation.
Also, try local law schools. Many of them have clinics where law students, under the supervision of practicing attorneys, represent clients.
Finally, your ex may be responsible for your legal fees, so don't immediately chalk it off your list.
You're right, you can't get their medical records without their authorization (at least to my knowledge), but the court can order a person to sign the HIPPA forms. In my case, my STBXH has been ordered at least 3 times to sign the HIPPA forms to release his mental health records because his mental health and stability is the main issue the judge needs to reveiw in order to establish the parenting plan for the divorce decree. If you can show that there is a valid reason (safety and well-being of the child) for his medical records to be released then the judge may order him to sign the HIPPA forms. It all depends on your particular situation. You could also request that your ex undergo a psychological evaluation, but understand that you may also have to undergo one.
Ultimately, I agree with pp. Get yourself a lawyer. It can get very expensive, but it the best money I have ever spent. Having a lawyer means that I'm protecting myself and my DD. Is there anyone that can help with lawyer's fees? Can you get a loan or anything like that?