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Need Fast Help

Started by socrateaser, May 11, 2006, 08:33:46 PM

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Imom

Soc,

On April 27th I filed a motion because my ex refuses to tell me who my child's medical care providers is in her area.  I asked that my ex inform me who my son's Optomitrist was and who his primary care doctor was.

I had several emails and certified mail and delivery confirmation mail asking her.

Today I received the order and all it states is;

If a child is undergoing evaluation or treatment, the custodial parent shall communicate that fact to the non-custodial parent.  

Each parent shall immediately notify the other of any medical emergencies or illness of the child that requires medical attention.

If a child is taking prescription or nonprescription medication, the custodial parent shall provide the noncustodial parent with a sufficient amount of medication with instructions whenever the noncustodial parent is exercising parenting time.        

The custodial parent shall give written authorization to the child's health care providers, permitting an ongoing release of all information regarding the child's situation with the non-custodial parent.

**************************
The order reflects that the courts do not like modifying current orders but because my ex would have significant transportation it would do so.


Nothing in this order makes her inform me who the doctors are or allows me to talk with the doctor. All of what is stated is from the Indiana Parenting Time Guielines expecpt the last paragraph. Because in the Guidelines it states:


The custodial parent shall give written authorization to the child's health care providers, permitting an ongoing release of all information regarding the child to the non-custodial parent including the right of the provider to discuss the child's situation with the non-custodial parent.



What should be my next move?

How can I get this fixed as soon as possible?

socrateaser

>The custodial parent shall give written authorization to the
>child's health care providers, permitting an ongoing release
>of all information regarding the child to the non-custodial
>parent including the right of the provider to discuss the
>child's situation with the non-custodial parent.
>
>
>
>What should be my next move?

The implication of the above paragraph is that you and the provider have the authority to discuss the child's condition and course of care. It is obvious that the only way this can occur is for the other parent to notify you of the contact information of the healthcare provider.

If the other parent still refuses to give you any information, you should send her a letter demanding the contact info for the various healthcare providers, and tell her that if she refuses that you will file for a contempt order, on grounds that she is wilfully and with conscious disregard, violating the court's orders.

Alternatively, if she continues to refuse after you write her, you can file a motion for clarification on grounds that she is using the loophole that the order does not expressly order her to provide you with contact info, as a means of thwarting your access to the child's healthcare provider and records.

Imom

Okay I confused you a bit. The paragraph above is NOT with in my order. That is within the Indiana Parenting Time guidelines what I got was the shorter version

My order only states......

The custodial parent shall give written authorization to the
child's health care providers, permitting an ongoing release
of all information regarding the child's situation with the non-custodial parent.

My order does not state that the parent must allow the doctor to discuss information, etc.

Would my version be the same?

socrateaser

>Okay I confused you a bit. The paragraph above is NOT with in
>my order. That is within the Indiana Parenting Time guidelines
>what I got was the shorter version
>
>My order only states......
>
>The custodial parent shall give written authorization to the
>child's health care providers, permitting an ongoing release
>of all information regarding the child's situation with the
>non-custodial parent.
>
>My order does not state that the parent must allow the doctor
>to discuss information, etc.
>
>Would my version be the same?

The second version is either a further explanation of the first, or a clerical error by a judge who didn't feel like looking up the actual text and so he/she tried to write from memory.

It doesn't really change anything. The problem is not the doctor talking to you, but finding out who the doctor is. So, if the other parent won't cooperate you'll have to either file for a clarification or for contempt.

Imom

Thanks Soc,

Again sorry for the confusion....I am thinking your right that it may have been clerical error.

 I have an original order from 98 that does not clarifiy exchange of information....and I was trying to explain that Indiana has Parenting Time Guidelines and that the order I received today to modify the 98 order sited those guidelines word for word for exchange of info for school records/activities, insurance but the medical part was the only paragraph that was missing a few vital words.

The funny part is now we have futher orders for other issues that were not brought before the court so in away it was still a plus just a bump.