Disclosure of Medical Info & Records

[singlemotherof2]

Id like to know if providing copies to my Ex of any paperwork pertaining to medical care, treatments, records or informative letters, etc pertaining to my son but are addressed solely to me (per insurance is in my name) is considered a violation of my rights through the Privay Act. All feedback is appreciated. Thank you

 

[army judge]

No. Dad has a right to know the child's medical issues.
Depending on your custody agreement, he may even be allowed to have a say in medical matters.

That said, here's a simple solution. Everything doesn't have to be fought over. Simply redact any information not pertaining to the child on the documents you provide dad. He's in the loop, your "private" information remains secret.

But, come on, this dude and you were engaging in far more adventurous pursuits once upon a time. Stop fighting.

 

[singlemotherof2]

no medical issues (thank goodness)....I simply received an informative letter stating that ownership of records had changed. I informed and provided his father with the information shared in the letter. He in turn requested a copy of the letter which I didnt provide becuase I felt it was a violation of my rights through "medical privacy" practices and becuase I felt I had provided him with sufficient information at that time.

 

[Proserpina]

Your rights were not violated.

 

[singlemotherof2]

I like peace in my life and to safely sustain the healthy mental state of my children therefore I try not to fight with my Ex's.

Unlike myself, my Ex has chosen to fight about this so he filed a contempt charge against me for not providing the letter and has also included in the complaint an incident that happened a few weeks ago where I removed the child for a few hours from daycare during one of his assigned visitation days so I could take him to see the WIC Nutritionist. I informed his father prior in doing so & I definitely did not remove the child with any intent of keeping him from his father. I offered to meet up with him after the appointment so he could have his time but he declined in doing so.

 

[Proserpina]

This may seem like a petty issue, but is there a reason you didn't schedule the appointment on your time instead of Dad's?

 

[singlemotherof2]

I didnt schedule the appointment, the Health Dept did and I honestly failed to check the calendar to see who's day it was until it was too late.

What do you advise that I say or do when I face the judge in court for the contempt charge?

 

[Proserpina]

Tell them what you've just said here.

Most judges will roll their eyes when they hear "I honestly didn't realize" or similar. Usually one isolated incident won't result in anything overly nasty, but put together with the letter issue your ex might actually get lucky and have you held in contempt as it almost - almost - suggests you're trying to push Dad out a little.

Now that won't change custody at this early stage, so don't worry. But it will be on record, and you'll need to keep your nose squeaky clean from hereon out.

Going back to the privacy issue. Mom, your rights weren't violated at all here - in fact, it wasn't even you the paperwork concerned but your mutual child. You have very little personal privacy where your mutual child is concerned.

You really had no right to refuse Dad the information (although he could have found out himself).

So when you get to court, apologize politely and sincerely for the errors, and point out that you did offer to bring kiddo to Dad IMMEDIATELY after the appointment but Dad refused.

Have you guys taken any co-parenting classes, out of interest?

 

[singlemotherof2]

the court orders for all parents that are fighting custody in court to take a parenting class prior to finalizing a case but that too was over seen.

Our case was rushed and closed before I could obtain another attorney to represent me. I asked the judge to postpone the hearing so I could obtain legal representation and she declined. I feel that I was given an unfair trial after my attorney was dismissed. His attorney scheduled our last hearing on my behalf without my knowledge. The judge wouldn't even hear what I had to say but allowed for my Ex's attorney to speak and file paperwork on my behalf which I did not approve of. I don't know how the judge, my ex and his attorney got away with what they did. There are accusations of corruption on behalf of this judge. I requested a copy of the script or court recordings so I could provide them to an appeals attorney and the judge didn't have a court appointed recorder so there are no records of what took place in court that day. I feel like I was "bullied" and taken advantage of simply b/c I didn't have legal representation

 

[army judge]

OP, what you're calling a judge might have been a
mediator or something other than a judge.

If you're interested in appealing, speak with a
couple of lawyers.

You need not worry about the things, if you retain counsel.

 

[singlemotherof2]

Oh it was definitely a judge. I'm am very sure of that! I even looked up her profile and did some research on her.

I no longer have the option to appeal. Appeals must be filed within 30 days from when the final ruling was given and of course I couldn't appeal my case due to lack of funds and counsel.

This forum and the Internet is all I have. I feel extremely helpless

 

[army judge]

OP, if things are that bad, why not give custody of the children to dad?

The kids need a good life.

If you can't afford that, maybe dad can?

 

[singlemotherof2]

I never said I couldn't afford my kids, I simply cant afford an attorney and giving my Ex's full custody isnt an option. If I give them up, I will never see them again nor will my family be at liberty to see them either.