My friend been trying to get child custody of his son and trying to prove the court that the the mother only using the child for money. She's been filing false charges against my friend but they been dropped due to lack of evidence. Ok to make the story short, the child is presently staying with the mom but the child is constantly absent from school. He's either late or absent and when he's in school he seems like he's not interested like before. Everytime the child is absent my friend would ask his ex why is not in school, she would always say that is is not feeling well. My friend is the one providing health insurance to his son but when he asked the Physician's office to if he can see the medical records they declined because the mom gave a letter saying not to give any information to the dad and even included in the letter that she has a restraining order against the dad (of course it's not true). Can she do that or the Physician office deny access medical records?
2007-04-10 13:22:37 · 13 answers · asked by Yna28 1 in Family & Relationships ➔ Family
California
2007-04-10 13:29:11 · update #1
What he has to do is to provide the CERTIFIED copy of the Court Order telling them that he HAS custody (legal) and this is still in force. That is the key here. And it is especially true if there are NO RESTRICTIONS on the access to the health records of his LEGAL dependent.
2007-04-10 13:28:50 · answer #1 · answered by sglmom 7 · 2⤊ 0⤋
If your friend does not have a restraining order against him then the physic an is required by law to release the records to the father, especially if he is providing the medical insurance.
Go to your lawyer have him petition the Judge for the release of the medical records.
But buyer beware, more than likely they are not going to show anything, because if there was any type of abuse going on with the child the Doctor is also required by law to report that abuse to the authorities. Your friend may be spending money for a lawyer and the courts for nothing because the medical records will not show anything but normal childhood illnesses, like colds ear aches etc. It is common for a child to get at least 11 colds a year.
2007-04-10 13:31:49 · answer #2 · answered by Marla D 3 · 0⤊ 0⤋
It seems to be standard practice in medical offices these days. A sympathetic receptionist told me to ask the new doc to request the records directly from the old one. That way no one pays. Docs don't charge docs. But then you won't have a copy for yourself. By the way, it is usually more than just a couple of pieces of paper. It is also the time taken away from the staff's duties regarding current patients.
2016-05-17 06:36:17 · answer #3 · answered by krystle 3 · 0⤊ 0⤋
get the cops to prove that she doesnt have a restraining order. differant doctors offices may have differant rules but i know where i live, if you are under 18 and either of your parents request any medical information on you, the doctors have to hand it over, regardless of what the other parent says. this should be esp. true if the child might be in some sort of danger or harm. get the cops to prove that he doesnt have any restraining orders filed. present the info to the doctors office.
2007-04-10 13:28:40 · answer #4 · answered by Ashley M 7 · 0⤊ 0⤋
Your friend needs a family law attorney. Possible an attorney can draft a letter to the medical clinic, but more importantly, can work to secure the child's well-being if the mother is unfit. Your friend might get school attendance records.
2007-04-10 13:27:39 · answer #5 · answered by Anonymous · 2⤊ 0⤋
It is unlikely he will get custody, but he needs to fight for joint legal custody and then she will have to provide him with all medical and educational issues. His attorney should know this. He can use this against her in his case. I hope he is keeping a journal of everything she is refusing to give him, because a judge will want justification and will not accept the answer, Just because. She is going to look really bad in court if she continues to do this and he may have a good case for custody, if she continues. He needs to ask questions re:medical, education, sports, activities, ect... and then document all of her refusals in a journal with dates, quotes, situations, ect... This may be admitted or referred to in court and will definitely benefit him. The bad new is that the judge will just make them compromise and she will continue to make his life hell, because she can. The judge in my case actually ruled that no party could harass, curse, belittle, ect... in the presence of the children. It still occurs, but he is just sneakier. Good luck.
2007-04-10 13:31:53 · answer #6 · answered by Shanna h 3 · 0⤊ 0⤋
Of course they can do that. They have to, I think. Can't be having doctors release personal things like that.
Your friend needs to talk with his lawyer, and see if this issue can be pushed. The child should be in school!
2007-04-10 13:49:41 · answer #7 · answered by kiwi 7 · 0⤊ 0⤋
Don't blame the doctor's office, they are only doing their job. Your friend need to contact a lawyer. He has rights as a parent also.
2007-04-18 08:03:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
He needs to go back to court and get an order from the judge. Good luck to him.
2007-04-10 13:29:32 · answer #9 · answered by serious 4 · 0⤊ 0⤋
Well, I would advise a good attorney!! And have the court get the records.
2007-04-18 11:21:19 · answer #10 · answered by ilovepoison2820 5 · 0⤊ 0⤋