Legal Question in Family Law in Virginia
Medical Records of a child
I have joint custody of my daughter. I am trying to obtain her medical records, but one of the psychologist offices is dening me the right to those records w/o first being charged myself to come in for a 45 min section discussing my daughter. Is this legal, am I as a parent not entitled to my own child's(12yr) medical records. Is there anything that I can do to get her records.
2 Answers from Attorneys
Re: Medical Records of a child
If the matter is already down in the Juvenile & Domestic Relations District Court(J&DRDC), you might also try issuing a subpoena duces tecum for the records, serving it upon this recalcitrant psychologist whom I apparently misidentified in my previous answer as a medical doctor.
Re: Medical Records of a child
You could, I believe, have a motion filed in your behalf in the local circuit court, asking for a declaratory judgment as to your unconditional entitlement to these medical records against the doctor who's refusing to turn them over to you without a 45 minute "shrink session" of sorts, presumably designed to determine your fitness to examine them and which amounts to a kind of precondition which is inappropriate and one which the law does not require in your case, as far as I know.
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