Q: My ex took my son to a counselor without confirming the appt with me, she only will notify me of a Dr appt with
"X had a Dr appt today" & will not give me any more information. My court orders say I have the right to access & obtain my son's medical, dental, vision, psychological & school records. The counselor says its her policy to have a counseling session (filed on insurance) with me before releasing his records to me. I have no desire to sit with her and have a counseling session. I just want his records to see why my ex thought he needed a therapist. What supercedes..her policy or my court order? My ex will not answer my calls, text messages or emails when I ask about EOB's or what dr he saw, I have to wait until a EOB comes through my insurance then send written requests to doctor. I'm tired of her lack of communication.
A: I suggest presenting the medical provider with a certified copy of your custodial rights and formally request a copy of your son's record. Perhaps, you could file a complaint with the medical board. You may have to take his father to court in order to enforce his obligation to give you medical information and if it's not in your order, modify it so you don't have as many difficulties with him in the future. There are times the Court can place a person in jail for failure to follow the custody order; however, it is best to consult with a family law attorney to find out your options. Best wishes.
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