My boyfriend separated from his wife 5 years ago. Initially, the court reduced visitation due to his flucutating blood sugars. Eventuallly he had to quit work, going on full disability, to prevent stress from throwing him into diabetic issues. After a long haul in court that included his doctors testifying that he was able to take care of his son, he was given 50/50 visitation. His son is 13 and this transition followed an incident where his wife's boyfriend slugged his son 6 times and his son asked for help.
Now his wife is fighting to pull custody back and in her battle is asking that ALL of his private medical records for all doctors, hospitals, and social security disability files be produced as evidence so that she can go fishing for more reasons to deny him joint custody or visitation based upon his disability.
DO YOU THINK THE COURTS SHOULD BE ABLE TO DEMAND THAT HE PRODUCE THESE PRIVATE DOCUMENTS TO HOLD IN A PUBLIC FILE SO THAT SHE CAN TRY TO FIND SOMETHING WRONG?
2007-05-22 12:31:27 · 5 answers · asked by Terry M 1 in Family & Relationships ➔ Marriage & Divorce
Give...
They had the mental test the first time around. He scored fine, she had problems, but his diabetes was pretty severe then.
His son has already been interviewed and wanted 50/50. As soon as it was awarded, she asked to move out of county and have sole custody for "financial reasons". She then changed attorneys, who then requested the records.
The issue is that in her battle, she is trying to pull in the kitchen sink to include all med records for over 10 years. And you are right, she is trying to go for mental. It just doesn't seem right that his personal medical records should become part of a public debacle.
Thanks for the thoughts farther down on working with a disability rights org.
2007-05-22 15:06:21 · update #1
Just wanted to say that I fully second what "giveu2tictacs" said. Excellent.
And, I wanted to say that a person's PHYSICAL state in no way determines whether or not they are good parents. My mother was disabled and was an awful parent. One of my coworkers is disabled and is an awesome parent, and her kids would be the first to confirm this. What it is about it PARENTING (you know, love mixed with firmness, fairness, etc.)
Good luck to all of you.
2007-05-22 12:51:24 · answer #1 · answered by frankiquilts 3 · 0⤊ 0⤋
Ok... now. he can protest his medical records be used in court. That is of no concern of the court. She is twisting his disability (being a diabetic) as a "mental issue". There are millions of americans with it, that have children. That should be a big point in court. Instead that he should take a mental fitness test. This is a 100 -500 question written test followed by a talk with a therapist to see if you have any mental illnesses. A disability like his should not be deemed as something that is holding visitation away from him. That would throw her for a loop that he passes mental fitness. She is trying to say his disability, makes him nuts.
On one other note, the childen is now 13 and he can ask the court for him to be interviewed bu a court appointed therapist or appointee. This person can document how the 13 year old really feels. The Boy friend issue may come out in that. The court will not deny a child interview..and trust me, if mom tries to say no in court, the court will want it more.
2007-05-22 12:42:31 · answer #2 · answered by giveu2tictacs 5 · 0⤊ 0⤋
Your boyfriend's attorney needs to quash the subpoena as being too broad. The attorney is on a fishing expedition and if notified, the court will not allow it.
The issue of medical records however, goes directly to the issue of fitness to care for the child, especially if your boyfriend can have a seizure while the child is in his care. And that is relevant to the issues before the court.
In this case, were I your boyfriend's attorney, I would move to quash the subpoena as being overly broad and file a cross petition for the ex's financial records.
2007-05-23 01:54:45 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
A court can order any damn thing it wants but this is not right.
The father should contact the civil liberties group that represents the disabled - I cant recall the name of it but they would be all over this! Its a huge organization like the aclu and they may be able to help.
2007-05-22 13:02:22 · answer #4 · answered by jillmarie2000 5 · 0⤊ 0⤋
Even if she conceeds at getting them, what is going to do her any good. A lot of people who are sick take care of their children. Someday she may be in the same boat, so if I were her I would tread carefully. I think with the new laws they will have a hard time getting his medical records. NO, they do not base custody solely on whether you have a disablitly
2007-05-22 12:55:21 · answer #5 · answered by Krinta 7 · 0⤊ 1⤋