Legal Question in Family Law in Kentucky
Civil Action Possible?
I have joint custody (no primary custodian) with my ex-husband of my two children (ages 12 and 13). I have always had problems with receiving the children during my specified weekly times, simply due to ''bad blood'' between their father and I. Recently, my daughter was diagnosed with Diabetes and was hospitalized for four days. She was released on a Friday (my days are Friday, Saturday, Sunday and 1/2 day Monday each week). She should have been released into my custody. But, my ex-husband and his current wife conspired to lie to the child's doctor about training that we received in the hospital. They told this doctor that I had not completed the training to care for the child. Totally false and easy enough to prove, the hospital has records of who attended the care classes. Without checking any facts, this doctor wrote a small note on a prescription pad telling the hospital to only release the child to my ex-husband. I want to know if I have grounds to sue civily the doctor, as well as my ex for the MAJOR, INTENTIONAL mental anguish this put me through. My daughter was near death for two days. I can't tell you what it was like to walk away WITHOUT my child. Please advise. Thank you in advance.
1 Answer from Attorneys
Re: Civil Action Possible?
First, let me say that I hope your daughter is recovering well. Before considering a civil action against anyone, I would recommend obtaining a copy of the hospital records to make sure that they do, in fact, contain the material you state (i.e., who completed classes). Assuming the records verify this, a contempt proceeding against the ex would be an additional step to ultimately build a case for intentional infliction of emotional distress (ex) and negligence (dr. and hospital).
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