Legal Question in Family Law in Connecticut
Enforcing parental rights
In what ways can a father enforce his right to be a parent when he has joint legal custody? This is post-judgment, an order is in place for support/alimony/visitation/payment of medical expenses etc. Daughter (currently 17 yrs) lives with the mother and refuses to visit father. She had a heart transplant at age 3 - lots of medical issues/doctors/drug treatments/annual biopsies and even possible complications regarding her kidneys. Noone is keeping father informed. He knows nothing about when/where/result of all doctor appointments. He's having trouble getting the doctors to call him back (because they're so busy). Also, psychologist will not communicate about her treatment either, claiming confidentiality - but, she's still a minor! What can he do to enforce his right to know/approve course of treatments?
1 Answer from Attorneys
Re: Enforcing parental rights
Generally speaking, if he has joint custody, he has the right to be apprised of the medical condition/progress and probably (I'd have to see the order to be sure)to participate in the medical decisions. The law may prevent either parent from obtaining psychological info without the child's consent. (Yes, she's a child, but if society has decided she can get an abortion without notice to a parent, why would you think you could access her psych records? What's that you say? Isn't it true that if she does something wrong, you might be held liable? Yes, that's quite true; you could be held liable for her mess, but you can't find things out about her that might enable you to prevent the mess in the first place. Seem a little topsy-turvy? Think about that next time you vote.) You can seek to hold the mother in contempt for blocking your access to the medical information, and you could probably force the medical people (except the psych)to give you access to her records. As to any relationship with the child herself, at her age (17), the court is going to let her decide for herself what she wants that relationship to be.