Q: I asked a pediatrician to note in my daughter's medical record that her mother was breastfeeding her while drunk.
I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the mental instability of the mother and her history of alcoholism. Does breast feeding a child while drunk not require a pediatrician in NY State to record such an incident? And what recourse do I have in order to compel her to provide an affidavit that I can use in Family Court? Can I serve her with a subpoena? Please advise. Thanks!!!
A:
Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be that there was no evidence of intoxication of the mother, and if the asker forces the pediatrician to appear for a trial, that is what the pediatrician will say on the record.
There is a factor a court will consider in any award of custody, and that is the likelihood that the parent will foster and encourage a relationship between the child and the opposing parent. If the asker demands production of a medical record involving the mother's breastfeeding a baby with alcohol tainted breast milk and the pediatrician testifies this did not happen, the asker will most likely fail to obtain custody and can jeopardize his visitation with the child.
Family law is not a do-it-yourself project where ordinary thinking will yield results. Family law has practices and policies that require some mastery in order to properly prepare a case and win it. Seeking out records of alcohol tainted breast milk is a step in the wrong direction.
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