View Full Version : My sons father had removed him from his doctors with no consent from me
mommyofryan22
Jan 21, 2009, 09:24 AM
Hi my name is crystal I have been going through a court battle with my sons father for almost 2 years the last month my sons father had approached me an told me that he had released my sons medical records over to a new doctor closer to him he didn't consult me at all and he never even told me that my son had already had a new patient physical I had to find out by calling the doctors that my sons father had transferred him to can he do this we have joint custody but I my sons mother has physical primary custody of my son his father has him every other weekend an my son resides with me please help me in what to do I tried to transfer my son from the doctors that he had out him in an there prolonging it I feel as if they have a relation some how and there taking sides.. please anny advice to help me I would appriciate it thank you so much I'm at my wits end here..
Justwantfair
Jan 21, 2009, 09:35 AM
Wow, never knew there was a story so much like my own out there.
Yes, he can switch the doctor, he has joint custody and just as much right as you. It was wrong for him to do it without speaking to you because joint custody requires joint communication, but legally he can change your child's doctor.
What is the difference in closeness for him for this new physician? Who cares the medical insurance? Who was routinely having the child's physicals done prior? What was his motivation behind this act of deviation?
this8384
Jan 21, 2009, 09:38 AM
To answer your question, your court paperwork should spell out who is and who is not allowed to make medical decisions for your son. As you have joint custody, I assume it's you and your ex.
However, I'm not sure there's really an issue here; you can continue to take your son to the doctor of your choosing. Just because he wants to take him to a new doctor doesn't mean he can't still see the original doctor.
mommyofryan22
Jan 21, 2009, 10:38 AM
Well to answer your remarks the distance from my house is an hour for my sons new doctors.. an also I have been carrying health insurace an I've been the main caregiver and bringing my son to all his appointment his father has only brought him to the doctors twice and once was when he came here to pick his son up for visitations my son woke up that mmorning very sick so I met him there.. he only has his son everyother weekend and I do not feel that I should have to drive an hour to take my son to the doctors when I have him the most.. he has filied a court paper to ask for him to be able to change everything but we haven't gone to our court date yet and for the last couple weeks he's already done what he is taking me to court to ask for.. with our situation he was told by my sons law guardian that in order for him to want to ever switch a doctor or carry medical on our son he was to contact her first and then she would call me to figure out a solution with this when he went to my sons original doctor they also told him he needed to contact the law guardian he ended up tell them he did they allowed him to sign the release papers and come to find out I called the law guardian and he never spoke to her..
Justwantfair
Jan 21, 2009, 10:43 AM
So call the law guardian.
ScottGem
Jan 21, 2009, 10:51 AM
Right, if he did not follow the terms of the custody order that disputes have to go through the law guardian, then you just report this to the LG. In meantime, you take your kids where YOU want to for their medical care.
If the other doctors come after you for payment for the care refer them to the father.