Legal Question in Family Law in Pennsylvania
Getting copies of my child's medical records in Pennsylvania
My ex-wife last year was given permission by California divorce court to move to Pennsylvania with our two minor kids, ages 11&8, and did so. Though given primary physical custody, we retain joint legal custody of kids and jurisdiction of case remains in CA. Our 8yr old daughter is having behavior/mental problems requiring treatment with a psychologist(s) and psychiatrist. Despite showing the doctors the court documents that I have joint legal custody, they refuse to return my calls or answer my letters as to what treatment they are providing, or what's happening with my daughter. My ex-wife apparently has told them not to talk to me, tho I don't know for sure. All I know is my daughter is receiving large amounts of medication from an unknown psychiatrist (when I managed briefly to get the doctor my ex-wife said was treating our daughter on the phone, the doctor denied ever seeing her), and unknown amounts of counseling.
My question: since my daughter is a minor, and I still have legal custody of her, can I request/demand/subpoena the medical providers' records? My rights as her father were never abridged or terminated, and the only way I'm going to find out what is exactly happening is if I can receive the medical records.
1 Answer from Attorneys
Re: Getting copies of my child's medical records in Pennsylvania
Well you should write each provider a letter and enclose a copy of the order. I see one of two possible outcomes. One, they give you access to the records in which case you got what you need. Two, they could not give you the medical records at which point you would ask a Pennsylvania court to enforce the order.
Though if writing them directly doesn't work you may wish to seek counsel in Pennsylvania. Sometime you get good results with a letter from a lawyer, especially, if he's local to the provider.
{John}
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