What is the name of your state (only U.S. law)? VA
Hello everyone, thank you for the input in adavnce.
Back story:
2013 I was served with court papers from my sons father; he wanted full/sole custody due to abuse he suspected by me and stated possible harm by my daughter who was 10( not his child)towards our son and cited our son was in danger.
Interestingly enough I noticed the complaint had specific details about my daughters mental health care she had been receiving. I took the complaint to the agency and compared that to an eval they had done. The agency employed my sons new girlfriend at the time which I disclosed to them that day. They researched my daughters digital file and found that this woman had been in her records on several occasions and had printed her eval. This eval was used to file the complaint against me.
The woman was fired and is now facing federal charges.
Two months after my daughters file was breached the same agency released her records to her biological father whom had no contact with her for the last 6 years. He then rereleased her records to the attorney representing my sons father for use in the custody case.
Over the course of the next 6 months I incured $17,000 of attorney's fees fighting to not lose custody, lost several clients due to missing work time and had my daughter regress due to her involvement in the case(she was awarded a GAL).
In the end I was able to keep custody and the father recanted his allegations of abuse by me and by my daughter.
Do I have cause to sue the agency for breach of privacy, negligence or malpractice in protecting my daughters records to gain monetary damages in order to pay off my attorney? I feel like if my daughters records had not been breached I would have not gone through a custody battle in the first place, and that the release of her records to her father helped propel the case forward because he rereleased them to the opposing counsel. Could the opposing counsel be in trouble as well? She made copies of my daughters records and gave them to the GAL!
Hello everyone, thank you for the input in adavnce.
Back story:
2013 I was served with court papers from my sons father; he wanted full/sole custody due to abuse he suspected by me and stated possible harm by my daughter who was 10( not his child)towards our son and cited our son was in danger.
Interestingly enough I noticed the complaint had specific details about my daughters mental health care she had been receiving. I took the complaint to the agency and compared that to an eval they had done. The agency employed my sons new girlfriend at the time which I disclosed to them that day. They researched my daughters digital file and found that this woman had been in her records on several occasions and had printed her eval. This eval was used to file the complaint against me.
The woman was fired and is now facing federal charges.
Two months after my daughters file was breached the same agency released her records to her biological father whom had no contact with her for the last 6 years. He then rereleased her records to the attorney representing my sons father for use in the custody case.
Over the course of the next 6 months I incured $17,000 of attorney's fees fighting to not lose custody, lost several clients due to missing work time and had my daughter regress due to her involvement in the case(she was awarded a GAL).
In the end I was able to keep custody and the father recanted his allegations of abuse by me and by my daughter.
Do I have cause to sue the agency for breach of privacy, negligence or malpractice in protecting my daughters records to gain monetary damages in order to pay off my attorney? I feel like if my daughters records had not been breached I would have not gone through a custody battle in the first place, and that the release of her records to her father helped propel the case forward because he rereleased them to the opposing counsel. Could the opposing counsel be in trouble as well? She made copies of my daughters records and gave them to the GAL!