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  1. #1
    Join Date
    Jan 2011
    Posts
    4

    Default Father's Rights to Access Medical Records

    My son needs to see a doctor over a medical condition that has been bothering him for over a week. I call the doctor the mother and I saw while we were still together. We share joint legal and she has primary custody. I was unable to make the appointment because the mother had placed a password protection on his medical records and I was told I can't make any appointments or view any of his records because I don't have permission.

    I am wondering what legal rights do I have and if they have been violated what I have to do to correct those issues and should I bring this up in family court as a way to show the parent is not acting in the best interest of the child. For the simple fact if I take him to the emergency room and ask any medical questions I can't ask without having to first make a phone call and then go through this whole rigamaroll.

    Please any help would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Father's Rights to Access Medical Records

    Why can't you telephone the doctor's office to make the appointment? It's been a week? When you called your ex- to discuss your problem scheduling the appointment, what did she say? When you asked her to schedule the appointment for you, what did she say? When you asked that she make sure that you always have the password to schedule appointments, what did she say?

  3. #3
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Father's Rights to Access Medical Records

    The basic rundown of the situation goes like this. Me and the mother had an issue in the past and she called the doctors office and restricted my access to my son's medical records. She did this by placing a password on his records and I am unable on my own to make any appointment for him to his own doctor, without first having to call the mother and then have her call them back and go back and forth. Meanwhile my son is suffering from the rash that his mother didn't feel was bad enough to go to the doctors for. When I asked her to schedule the appointment she called me back later informing me of the earliest she could get. I asked her what do I do if I can't get a hold of her for some reason and she simply said "i can always be reached". I then asked what if the doctor asks me something concerning his medical records and she stated "you will just have to call me then won't you". She will not give me the password to the medical office because she feels she needs to protect him from me and my friends who might want access to his records.

    We have joint legal custody, I am getting a copy of the custody order hopefully on thursday and then I asked if I came back to the office with the order will you then allow me to access my son's records and they said yes. So basically she is restricting my legal access to his medical and possibly his school records and a friend of mine said I could take her to court for contempt for violating the custody order.

    So in a nutshell as of this moment
    I am not allowed to have any medical say concerning his care
    I can't make appointments to see his doctors
    To make any appointments or anything medically related to him I must go through the mother

  4. #4

    Default Re: Father's Rights to Access Medical Records

    Quote Quoting kleishear
    View Post
    She will not give me the password to the medical office because she feels she needs to protect him from me and my friends who might want access to his records.
    Why would your friends need to access your son's medical records? It sounds like you are more concerned with your "rights" than your son's rash.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father's Rights to Access Medical Records

    Why can't you take him to a different doctor during your parenting time?

    (And...yes, why would your friends need access to the child's medical records?!)

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