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Main Forums => Moms Without Custody => Topic started by: xxMrsFxx on Oct 11, 2009, 08:05:26 PM

Title: ACCESS TO MEDICAL RECORDS HELP
Post by: xxMrsFxx on Oct 11, 2009, 08:05:26 PM
I am a non custodial parent. The father refuses to allow me access to medical,school, dental records. He won't even disclose that information to me. Like the name of their doctor. How can I obtain access? If I file in court, how should I do that? Is that considered contempt?
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Waylon on Oct 11, 2009, 08:12:53 PM
Medical records are a little trickiers, but the school MUST give you access to ALL of the child's records:

Getting Access To Your Child's Report Cards And School Records
http://www.deltabravo.net/custody/reportcards.php


Use this form letter to file a complaint with the Family Policy
Compliance Office when your child's school doesn't comply with FERPA:
http://www.deltabravo.net/custody/ferpa-complaint.php

FERPA Text:
http://www.deltabravo.net/custody/ferpa.php

Access State-by-State:
http://www.deltabravo.net/custody/access1.php
http://www.deltabravo.net/custody/access2.php
http://www.deltabravo.net/custody/access3.php

Do Our Letters Really Work? You bet they do!
http://www.deltabravo.net/custody/results.php


Obtaining your childs medical records:
http://www.deltabravo.net/custody/medrecords.php


How can I get my child's medical records?
Unless your parenting plan specifically bars you from accessing to your child's medical records, you have the right to obtain them. Use the Medical Records Request letter (http://../custody/medrecords.php) to get your child's medical records and other information from his or her doctor(s).
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: MixedBag on Oct 14, 2009, 06:43:11 AM
you know -- you, mom, also don't mention why type of custody you have -- joint or sole?  Yes, that plays into all this.
 
You can also do some research....backwards research of sorts.
 
Do you carry insurance?  USE that to figure out WHO doctors are.
 
Do you ever reimburse dad for uninsured medical expenses?  Don't reimburse until you see PROOF as in receipt from the doctor/dentist etc....that there WAS an expense.  Then work your way backwards....(better late than never).
 
Does your child and dad live in a small town or even a medium sized town?  Start making phone calls to see if your child is a patient.  (worked for me! -- even found the second pharmacy that he was using).
 
Does his school records list his family doctor?
 
Just some other ideas....
 
And Waylon gave you great links.
 
YES, it works.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Kitty C. on Oct 14, 2009, 07:46:24 AM
The links are great, but if you don't have joint legal, it's a moot point.  So if you have joint legal and you have made repeated requests for this information (and it is stipulated in your CO that the CP provide it to you) and the CP still refuses to give it to you, you can file for contempt on that.  But you need to have documentation to back it up, which is why you need to have the requests and denials in writing.
 
If you do have joint legal and make contact with the doctors or schools, always make sure to take a copy of your order with you to prove you have joint legal.  If you request info from the school, also reqest a copy of the emergency info card.  If you have joint legal, your name should be on there as well. 
 
Oftentimes CP's who refuse child's info to the NCP also eliminate emergency info on that parent to the schools.  No, having your name on the emerg. info card doesn't automatically mean you can pick up the child from the school, but it is another source for the school if something were to happen to the child and the staff cannot get in touch with the CP.  We had this happen with SS..........they couldn't reach BM, DH works out of town all week, so I was the 'next person in line' on the emergency card. 
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: xxMrsFxx on Oct 17, 2009, 09:21:39 AM
Thanks for the replies.
 
My ex-husband has sole legal and sole physical. However in my state it states in the law:
 
Unless otherwise ordered by a court, access to medical, dental, and educational reocrds concerning the child may not be denied to a parent because the parent does not have physical custody of the child.
 
However, it doesn't state about legal custody. But, I am going to contact the school and see what happens. I am retaining my attorney once again, because there are many issues that just didn't get addressed in court when we went there in July. Plus the CP has violated the court order in several areas and I have no other choice than to go back to court. The town is fairly large and would be a big task to try to call doctors offices. I think I will just have my attorney address it in court.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Kitty C. on Oct 17, 2009, 10:57:47 AM

My ex-husband has sole legal and sole physical. However in my state it states in the law:

[HIGHLIGHT=#ffff00]Unless otherwise ordered by a court[/HIGHLIGHT], access to medical, dental, and educational reocrds concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

 
Which means your CO trumps state law, meaning you currently have no rights to medical or school information.  If you want to change that, you will have to go to court...but you will have to have a very good reason ('significant change of circumstance' regarding the child) in order to get any modification of the current order.  That includes changes to access.
 
You can contact the school, but there is a very strong possibility that they will not allow you any access whatsoever, given your current order.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: xxMrsFxx on Oct 17, 2009, 08:28:27 PM
I am a little confused.
 
"access to medical, dental, and educational reocrds concerning the child may not be denied to a parent because the parent does not have physical custody of the child"
 
Wouldn't that mean, that even though I don't have physical custody of the children, I still have access to those records?
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Kitty C. on Oct 17, 2009, 08:51:08 PM
No, because you said the law in your state specifies [HIGHLIGHT=#ffff00]'Unless otherwise ordered by a court' [/HIGHLIGHT]and you have it in your CO that the CP has sole physical AND legal.  Your CO trumps state law.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: xxMrsFxx on Oct 17, 2009, 08:54:35 PM
So,what you are saying is that since I do not have sole legal and sole physical, then I don't have access to all those things? The court order doesn't say I don't have access it doesn't address those issues at all.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Waylon on Oct 18, 2009, 06:54:00 AM
No, because you said the law in your state specifies [HIGHLIGHT=#ffff00]'Unless otherwise ordered by a court' [/HIGHLIGHT]and you have it in your CO that the CP has sole physical AND legal.  Your CO trumps state law.


I don't think this is right....what this normally means is that unless the CO specifically states that she doesn't have the right to the records, then she has the right to access them. The question of custody isn't what counts, it's whether or not the CO has any wording that specifically denies access to the records.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Kitty C. on Oct 18, 2009, 10:44:43 AM
That may be.............I was always of the assumption that if you did not have any legal custody, you also had no access to  records pertaining to legal custody.  But I know what always happens when I assume............
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: xxMrsFxx on Oct 18, 2009, 02:46:03 PM
Thanks for your input Waylon. Thats what I thought too, since in my CO, there is nothing that states I don't have access to those things... Well, I have an appt with my lawyer tomorrow am, so I will find out for sure.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: MixedBag on Oct 20, 2009, 09:46:37 AM
I would go with the interpretation that gives you the right to have access.....and keep making the other agencies tell you no.
 
AND go "up their chain of command" and keep quoting the state's law like you did.
 
 
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: lucky on Oct 25, 2009, 10:00:25 AM
In MN, we also have the statement the original poster was referring to.  For yss, his mother had/has sole legal and sole physical, however, the state law trumped the CO because the CO did not specifically state that dh could NOT have the information.  We got everything, everytime, however, we did have to go to the superintendent of one school district - amazing how nice the principal was once he got his hand slapped.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: MixedBag on Oct 25, 2009, 01:48:02 PM
this isn't school stuff -- it's mental health stuff.  And they work by a whole different set of rules.
 
EX#3 also had JOINT custody and the counselor for OSD wouldn't release a thing nor talk to Dad.
 
So our question was -- how is DAD supposed to help his daughter if he isn't clued in on what's going on?
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: lucky on Oct 26, 2009, 11:05:14 AM
We got all medical/dental/mental health related records as well.  However, we knew where to go for dr. info as there's only two main clinics in the area so we went to both (and got stuff from both!) and those records contained references to other practitioners at different locations, including mental/behavioral, dental and other specialties.
 
One thing to note, however, is that MN is a little more open/proactive regarding mental health than other states, I believe.  At least that's what I was told by a practitioner once.  Or perhaps it was just the mental health facility at that time - it's been about 8 years now, things could be a LOT different.
Title: Re: ACCESS TO MEDICAL RECORDS HELP
Post by: Divorced Diva on Aug 20, 2011, 07:34:53 PM
This is only from my experiance but my order also does state that I can have access to all of that..but even though I still had to fight for it because without him signing releases it didn't matter.  I finally went to the doctors with court order in hand and demanded they either get him to sign releases or give me on letter head stating that I cannot seek access because ex refuses to sign release as per court order.  They knew I meant business and the next visit they got him to sign it.
 
As far as back tracking goes..find out thier last doctor and ask where the files were forwarded to.