Legal Question in Family Law in California
Minor, with mild mental retardation
I have 50% legal custody. My child is in deperate need of medical attention. None of her Dr.'s will give me her medical records or discuss the severity of the Scoliosis. From the school records 2008 she is 67 degrees and father is not taking her for treatment. She is well over the 67degree s now. How to obtain an emergency medical exam and or get her medical file?
1 Answer from Attorneys
Re: Minor, with mild mental retardation
By 50% legal custody I take it you mean you have "joint legal custody" and a 50% timeshare with the father? By definition, if you have joint legal custody, you have the legal right to access those records. Simply demand them, show them the court order if that's what is takes. Next, you have a right to take your child to the doctor, so go ahead. You should inform the father of what you are doing.
If you do not have joint legal custody, given father's not taking action on this issue, get a court order if necessary to ensure it is taken care of.
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