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ACCESS TO MEDICAL RECORDS HELP

Started by xxMrsFxx, Oct 11, 2009, 08:05:26 PM

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Kitty C.

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............
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

xxMrsFxx

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.

MixedBag

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.


lucky

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.
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

MixedBag

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?

lucky

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.
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

Divorced Diva

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.