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!!!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (718) 745-3600
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
