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Medical Records

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C

ChevyGirl

Guest
What is the name of your state? Missouri

Can non-custodial dad request medical records without having lawyer subpoena them? (for court date in Dec.)
 


L

Lil Miss Smarty Panties

Guest
dad can go down to the doctors office and get copies of any medical records he wants. they can't deny him unless there is a court order saying he can't have them. same goes for school records. he may have to pay a copying fee tho.
 
C

ChevyGirl

Guest
ok, another question and hopefully someone will know. If he tries to get the medical records and they refuse him, is there anything that he can say or do? (He called the doctors office one time to check on the outcome of an appointment that his daughter had and they told him that he could not get any information because the mother who currently has sole custody until we go to court in Dec. did not have him listed as a contact to inquire to baby's appointments)
 
L

Lil Miss Smarty Panties

Guest
Print this and show it to the doctor who denied him. this is copied from MO state statutes

10. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, both parents shall have access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records. If the parent without custody has been granted restricted or supervised visitation because the court has found that the parent with custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the parent without custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the parent with custody or the child. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, any judgment of dissolution or other applicable court order shall specifically allow both parents access to such records and reports.

11. Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.


SPARC also has a request letter to send to doctors and schools who think they have a right to deny a parent access to their childrens records.
 
L

Lil Miss Smarty Panties

Guest
SPARC is a site dedicated to the rights of fathers and non custodial parents. Go there and search for "medical records request letter. There are 2 versions. 1 is for being polite, and the other is more aggressive, to use when they think they can keep denying you access to your own childs records.

copy and paste this site into your browser
www.deltabravo.net

(leave off the url thingies)
 
C

ChevyGirl

Guest
Thank you soooo much for the information, you don't even know how much money this place has saved us !!!!!!!!!!!!!
 
S

SweetRenee

Guest
i didn't read all the responces just your situation but i know for a fact that you have access to all school and medical records. it doesn't matter if you have joint/sole custody your the legal father. i just watched a video from the state on guidlines on confidentiality a couple days ago on that very subject. don't take no for an answer tell them you know your rights and they should give in.
 
C

ChevyGirl

Guest
This is such a relief to us while we are sitting here reading what you all are saying about that we have the right to them. EVERYONE that we contact acts like dad has no right because he does not have any custody yet. Thanks again everyone, it really means a lot.
 
C

ChevyGirl

Guest
ok, I have the letter now from SPARC and I have it typed up and signed and tommorow I will send it cerified mail. How long after they receive the request do they have to get them to you? (Our court date is Dec. 6th and we need them in time to study them and go over with lawyer)
 
L

Lil Miss Smarty Panties

Guest
Put a time limit in the letter. Something like "please comply within 7 days of receiving this letter as this is a time sensitive matter"

or simply go to the office with letter in hand and sit your booty down and say " I'll be right over here, let me know when you are finished copying those records"

:)
 

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