Please Advise

[HzlEyez]

Is it illegal in NY for a child's pediatrician to refuse the acceptance of a letter from a non custodial father for medical records of his child sent via the various USPS services such as certified mail, express mail, registered mail or priority mail?  If their is a law that indicates that it can /can't be done, is it possible for someone to indicate where it can be obtained in there response so, that it can be included in the letter sent to the child's pediatrician?  
Also is there a state law which allow's a non custodial parent access to a child's medical record so, that can also be included in the letter to the child's pediatrician?

The other inquiry is it possible for a lawyer to obtain a subpoena from a judge for the cell phone company so, that he can show it as evidence that the child's mother has contacted him to harrass him prior to the scheduled court date or is that something that the lawyer would have to wait till the scheduled court date to request from the judge?

Thank you

[ocean]

There is a form letter on this website that you can send to the Dr to request medical records and school records. I would attach your custody agreement page to it and a copy of child's birth certificate. Most Dr's offices will abide by the law. If not, have your lawyer write a letter on letter head.
You could first try and make appointment with Dr to discuss this matter. Most dr's will talk to you and this eliminates the office staff. If you have joint custody it is the law for you to have access to those records.

What phone is she calling you on? Get a copy of your phone records showing her calling you... You should let it go to voicemail or machine and tape all conversations. (but remember that this is very normal during a divorce so pick which battles you want to fight in court....just do not answer the phone...it will be over soon)

Good luck!

[mistoffolees]

>Is it illegal in NY for a child's pediatrician to refuse the
>acceptance of a letter from a non custodial father for medical
>records of his child sent via the various USPS services such
>as certified mail, express mail, registered mail or priority
>mail?  If their is a law that indicates that it can /can't be
>done, is it possible for someone to indicate where it can be
>obtained in there response so, that it can be included in the
>letter sent to the child's pediatrician?  
>Also is there a state law which allow's a non custodial parent
>access to a child's medical record so, that can also be
>included in the letter to the child's pediatrician?

That depends. By 'non-custodial', do you mean legal custody or physical custody?

Physical custody is largely irrelevant. What matters is legal custody. If you have joint legal, a letter from your attorney to the doctor with a copy of the divorce agreement should do it.

If you have no legal custody (other parent is sole legal), then you're out of luck. I don't believe HIPAA is going to allow you to get it without a court order.

>
>The other inquiry is it possible for a lawyer to obtain a
>subpoena from a judge for the cell phone company so, that he
>can show it as evidence that the child's mother has contacted
>him to harrass him prior to the scheduled court date or is
>that something that the lawyer would have to wait till the
>scheduled court date to request from the judge?

You'd have to ask your attorney. I believe it can be done. However, how are you going to prove that the mother abused you on the phone simply by having the phone records? Seems to me that it's a waste of time since she can deny being abusive. The only way it would prove anything is if you have a no contact order.

[HzlEyez]

Hi,

Thank you for  your reply.