Legal Question in Family Law in Pennsylvania
stepmother impersonating mom
My daughter lives with her father and stepmother. I have her 43% of the time. The stepmother carries medical insurance.
For the last 4 yrs she has put her name on the mother part of the medical records with absolutely no mention of me.
Is this legal? Do I have any recourse? I went to the doctor today and they told me that I am not on any of the papers so I can not access my own's daughters medical file.
I do not understand how this is okay?
3 Answers from Attorneys
Re: stepmother impersonating mom
If you have joint legal custody you have a right to access to the records as well as joint decision making power. You can enforce this through a contempt petition. I offer free initial consultations.
Re: stepmother impersonating mom
I'm not sure about this. It may be that the health insurance policy does cover step-children and that's why she's listed. I don't know why the Doctor's office would refuse to give the natural mother access, however. It seems to me this is something that may be as simple as a telephone call to the doctor's office by the father or step-mother. Remember, it is the Doctor's Office that generates the medical records, not the insurance company.
Re: stepmother impersonating mom
If you have joint legal custody and copy of the court order, take a copy of it to the doctor's office and ask the doctor or office manager to put a copy in your child's file.
I was a dentist before I became a lawyer, this sounds like a misunderstanding at the doctor's office and their attempt to comply with federal privacy laws.
If they don't cooperate after you provide them with a copy of the order then you may need an attorney to contact them on your behalf.
Good luck to you.