A question about doctors...

[bloom6372]

How strong of an influence do medical records and doctors' notes have in Court?

My husband recently got a copy of a medical appointment report in the mail stating that SD has "problems in the home environment". We also have that in writing from the school counselor in her report following SD's 504/IEP evaluation. There is also documentation that BM wants medication increased when it's not necessary to increase it (as the behavioral issues are not related to AHD), and and admittance from BM in the doctor's paperwork that SD was exhibiting signs of ADHD prior to DH having to take the issue of testing/treatment to Court (she stated before age 7 there were symptoms. DH filed a month before SD's 7th birthday), while she claimed in Court paperwork that SD showed no signs. There's also a few lines in there about how SD needs to try other methods (DH has been asking for a YEAR to try the methods they recommended. This appointment was in April, it's now almost September and BM still hasn't started any of the other treatments), and how BM wants to increase the medication rather than try additional treatments, and how the doctor feels that in addition to ADHD, SD also has behavioral issues, a possible learning disability (that got ruled out with the school eval), and the line about the problems in the home environment. The doctor also noted that BM stated that SD is behind in all aspects of schooling, yet she ignored DH asking to have SD tested not only for ADHD but also the IEP/504 Evaluation AFTER the diagnosis was received. It wasn't until DH told the school intervention specialist that he couldn't make the decision solely (when she asked DH if he wanted SD evaluated to start the process), and the specialist emailed BM, that BM finally agreed.

Can any of this be used when/if he fights for primary custody?

[ocean]

Yes, if it continues you could file under medical/educational neglect but most times the dr/school will call CPS directly. Those letters would be great evidence in an overall case if CPS is not involved. The courts will probably look at it as why did they not call cps so if it went to trial, you would have subpena the doctor that wrote that and someone from the school district to testify.