I am going threw a devorce and custody battle and my 15yr old son has been going to a counsler to help him deal with everything. my husband is not his father and never adopted him yet his lawyer is trying to get me to sign over so he can get all the records from my sons counsling. the custody battle is not even about my son its for our 5yr old girl can they do that
2006-11-01 02:18:49 · 7 answers · asked by wendy 2 in Family & Relationships ➔ Marriage & Divorce
I doubt it. Since he has no legal rights over the boy, then he shouldn't get granted access to his medical files (mental or physical.) Only a legal parent or guardian has access to those. Hence why the lawyer wants you to sign for the access; he knows that a judge probably won't give it to him.
I would ignore the request, and let them know that you aren't going to give him the rights to your son's medical records. If it ends up in front of the judge, then make sure you speak up and tell him/her that your soon-to-be ex has no legal rights over the boy, and he is not a part of the custody hearing. They would have to prove that your son is a possible threat or danger to your daughter to get his records subpoenaed by the court. And somehow I doubt he could do that.
2006-11-01 02:26:42 · answer #1 · answered by welches_grape_jelly 6 · 1⤊ 0⤋
Technicallly, yes a lawyer can do that. If your son is assigned a Law Guardian which is a lawyer representing the wellfare of the child. There may be something that the Lawyer feels might be important for the custody/ visitation petition.
2006-11-01 02:24:45 · answer #2 · answered by Rachel D 2 · 0⤊ 0⤋
They're probably trying to dig up something through your son that proves you're a bad parent or something so they can get custody of your daughter. His confidentiality is secure. Do not let them take your sons records and go through them and make some spectacle out of it. What he says to his therapist is said in confidence and I'm sure he'd be devastated if it ever got out. That's the beauty of counseling, its safe and secure. Ripping that apart on him could close him up for the rest of his life and its unfair of the step dad to even ask that.
2006-11-01 02:22:19 · answer #3 · answered by Phaylynn 5 · 0⤊ 0⤋
No they can't unless you sign a waver. Which would be dumb, cause they are looking for dirt on you! Plus even though he's 15 he still has rights which are protected under doctor/client confidentiality. No court is going to allow a subpoena in suh a scenario.
2006-11-01 02:27:38 · answer #4 · answered by kam_1261 6 · 0⤊ 0⤋
They don't have to give the records to him OR you, but can if subpoenaed for law purposes in the case of a life threatening event.
2006-11-01 02:21:37 · answer #5 · answered by *babydoll* 6 · 0⤊ 0⤋
Not really,
the councelor discuses the issues also with your parents.
2006-11-01 02:21:28 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I thought they couldn't. I think you would have to agree to it.
2006-11-01 02:21:50 · answer #7 · answered by bigfree_2005 4 · 0⤊ 0⤋