Legal custody question

[backwardsbike]

All parties in PA. Legal custody is shared jointly. CPBD andNCPBM attended a recent doctor's appointment with 15 year old son.  During the appointment BD states that when he checked son in at front desk he learned that the child's address had been changed to BM's addy.

When the doctor reviewed the file he found documentation that the addy had been changed 18 months before but no documentation as to why or by whom.

The date was the date that BM had gotten medical insurance for the child and had provided billing info to doctor's office as she was the Primary insured.  BM did not ask to have the child's addy changed.  BM did not even know that the change was made and child had not been to this doctor during this time frame.

BD was highly upset and blamed BM in front of docotr and child for the change.  BM tried to explain that it was probably due to the insurance which she no longer has and so it should not be an issue.
BD proceeded to ask docotr for a letter sent to himself stating that the addy was changed and the date.

Today BM received a letter from the doctor's offce.  It reads:

TO WHOM IT MAY CONCERN:

RE: CHILD'S NAME

Child's Name's address was changed to BM'S address on XX-XX-XX.  This address is now amended to be BD's address; and will be in force unless amended by the father.

Sincerely,

The Doctor

This CP is reluctant to give NCP any information regarding the children.  He has violated numerous court order's involving educational info which he has not shared.  The Judge's view is that this is not contempt because BM can get the info herself.

When BM contacts school's BD calls schools and reads them the riot act telling them that it stresses the children for the BM to have the info and that He will provide it but he doesn't.

Questions:

1.  Can the BD take BM to court over this address change?

2. Can BD have control over the addresses listed in the kids files at school or doctor's?

3.  If there is a change of custody would the court order determine the children's address or would the father still have to amend the address?

4. What advice do you have for me to enable me to get info about the children in the face of so much difficulty by the CP?

[socrateaser]

>Questions:
>
>1.  Can the BD take BM to court over this address change?

Sure, but BD isn't gonna get a contempt order unless he can show clear and convincing evidence that (1) your existing custody orders instruct that the child's primary address is always to be provided as BD's address; (2) you knew of the order, and (3) that you willfully violated the order (i.e., with conscious disregard).

In short, tell BD to chill out.

>2. Can BD have control over the addresses listed in the kids
>files at school or doctor's?

Not with joint legal. Each of you has a right to change the info without telling the other (over and over and over), UNLESS the court orders state to the effect, that the parties must consult/cooperate with each other and that in the event that they cannot agree, then _________ (resolution process).

>
>3.  If there is a change of custody would the court order
>determine the children's address or would the father still
>have to amend the address?

Joint legal custody means both parties have 100% authority to make major decisions concerning the child(ren)'s health, education and welfare. Without a court order specifying exceptions to the rule and how to resolve disputes, then the two parents can run each other over endlessly (which is apparently what is happening with you).


>
>4. What advice do you have for me to enable me to get info
>about the children in the face of so much difficulty by the
>CP?

Ultimately, you will need to file a motion for an order clarifying access to third party information concerning the child, (pretty long title) on grounds that the primary custodian routinely frustrates your access to said information, and that this is not in the child's best interests.

You could alternatively move for contempt, but then the burden is yours to show that he is willfully violating some specific existing court order. Better to get it clarified first, and then, if the abuse continues, file for contempt. That way, you are setting yourself up to win the next round.

Frequently, after a parent gets their !@# kicked by the judge once, this sort of behavior stops dead. If it doesn't, then you just keep clarifying and getting contempt orders until the judge says, "Next time this happens, I'm gonna order custody reversed."

[backwardsbike]

Thanks Soc!  I know this all seems trivial. Our Judge thinks so too.  But when you deal with it on a daily basis it takes on colossal proportions.

[dipper]

4. What advice do you have for me to enable me to get info
>about the children in the face of so much difficulty by the
>CP?

Ultimately, you will need to file a motion for an order clarifying access to third party information concerning the child, (pretty long title) on grounds that the primary custodian routinely frustrates your access to said information, and that this is not in the child's best interests.

Soc, on this site, there are form letters that can be sent to the doctor and schools for information.  The school my stepson goes to is pretty good as far as his teacher's keeping my hubby updated.  The school has listed hubby's address as well.  However, he isnt mailed copies of the letter that went home about his son being suspended - or of the child's report card.  

The doctor called when he first got hubby's letter and we discovered that while bm was supposed to have taken ss for a checkup at the counselor's request - she had actually just asked for a regular checkup and not mentioned behavior problems or counseling.  The doctor asked me for the counselor's info and called her and bm afterward.  Then a few days later he talked with hubby again......However, we asked for certain questions to be answered in writing....and he ignored the request.

SS' old school will not even acknowledge any correspondence.  

I thought the law forced these people to comply.  What recourse do you have when the schools and doctors ignore requests?

[socrateaser]

>I thought the law forced these people to comply.  What
>recourse do you have when the schools and doctors ignore
>requests?

First, you have to establish the violation of law. Schools are required by federal law to provide a non-custodial parent with access to the records of his/her children enrolled in the school. But, the obligation is not affirmative -- it doesn't require the school to keep you up to date. You must make a specific request for a copy of the child's records, and if you suspect that the records have changed, then you must make another request.

If the school is private and receives no government funding, then the school has no obligation to provide you with anything, unless there is a State law to the contrary.

Regarding the doctor, the same basic rationale applies. But, just because you demand something, doesn't mean that you're gonna get it without a fight. Doctors are generally self-absorbed (as are attorneys), and they usually play by their own rules for as long as the think they can.

Your facts show that you want written documentation of certain opinions from the doctor. He/she has no obligation to give that to you, and certainly not for free. If you need the info for litigation purposes, then you'll have to subpoena the doctor and take his deposition.

You are entitled to see the child's medical records in whatever state they may be in, but you don't have a right to force the doctor to produce a summary report.