Legal Question in Family Law in Maryland

14 years old right to medical privacy

My son is 14 yrs old. His father and I have joint legal and physical custody with me being the primary custodian. When my son goes to the doctor his does not want his father in the room. There has been physical and mentally abuse in the past. My son and his father does not get along at all. My son does not feel comfortable around his father at all. What is my son's legal rights to privacy at his doctors? My son has been told his can file for modication in costudy when he is 16, but what are his rights at this time. We are in counseling now to try and trying to get him help but we have just started with this counselor so it may take awhile for the counselor to get the whole picture. Does a fourteen year old have any rights? Also when there is joint legal custody my ex is telling me I have to tell of every meeting or any time I speak to some one at my sons school and give him a copy of every paper that comes home. He has the same access to the school that I do, do I have to be his personal secratary? Do you know of anyone in Maryland who protects childrens rights?


Asked on 4/16/07, 10:27 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: 14 years old right to medical privacy

Perhaps under the circumstances you should file for modification of the physical custody arrangement, requesting sole physical custody with visitation for the father. This would enable you to better control your son's medical care. At your son's age, the judge will give weight to your son's wishes, even though he/she wouldn't be required to follow them.

Under joint legal custody you aren't required to do what your ex suggests, unless you have a separation agreement that says otherwise. Tell him to set up a chain of communication directly with the school if he wants to be "in the loop". However, you are required to consult with him on important matters involving your son.

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Answered on 4/16/07, 10:56 am


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