medical information obtained.....

[kids123]

What is the name of your state (only U.S. law)? IL.


I have a question about information that can legally be obtained by the non-custodial parent.
To explain...... I have full custody of my daughter we have a visitation order and he pays child support. He has never had insurance on her in the past 14 years, until Nov. of last year he finally got it thru his employer. Resently he contacted me b/c he goes to the same dental office that I take my daughter to and he obtained information about what treatment my daughter needs in order to get her braces. Down to what teeth need to be pulled excetra. This information was given to him by the receptionist at the dental office. My question is..... is this legal? He did not contact me to get this info. and just b/c they share the same last name how do they know he is her father? He has never taken her to any of her visits nor has he ever paid a bill for her there. I want to call them and give them a piece of my mind for freely giving out personal info. on my daughters dental records, to a man who should be contacting me for this. Do I sound unreasonable? Does he have the right to get this info. from any of her doctors without my consent?
Thank You

 

[Zephyr]

he is dad- he has a right to the same information that you do (barring a court order stating otherwise) and he does NOT need to go through you to get it.

 

[kids123]

I agree, that dads should be entitled to the same info. as moms.
But all circumstances are different. If this "dad" were not a "dad" of convenience, meaning he gets her on his visitation time unless he has something better to do. And IF he carried insurance on her or even helped to pay a medical bill over the 16yrs of her life. And if I did not have to get an order of protection against him in the beginning due to his temper flaring infront of the minor child every time things did not go just how "dad" wanted.
I am not by any means saying that I am perfect in this - but I have ajusted my schedule many many times over the years to suit him, ONLY to keep the peace so my daughter did not have to suffer thru us fighting. I've given him, His way b/c I feel I am the responsible parent. So me not wanting "dad" to get medical records is only b/c I don't think he deserves them, unless he gets my consent first. I pay the bills and make the appointments and take the time off work if nessecary to get her to them. He infact does NOT! So why should he be allowed to Not do any of the work but get all the info. on the work done??
Not to mention, what gives this office any right to give out such info. to anyone? Just b/c they share the last name does not prove anything. I had a Kid I grew up with who had the same last name as me, spelled the same way and we were no relation. The point is - this office knows him as a seperate patient NOt as her father. With out my consent they might as well set her records on the magazine rack in the waiting area for all to see.

 

[bononos again]

I agree, that dads should be entitled to the same info. as moms.
But all circumstances are different. If this "dad" were not a "dad" of convenience, meaning he gets her on his visitation time unless he has something better to do. And IF he carried insurance on her or even helped to pay a medical bill over the 16yrs of her life. And if I did not have to get an order of protection against him in the beginning due to his temper flaring infront of the minor child every time things did not go just how "dad" wanted.
I am not by any means saying that I am perfect in this - but I have ajusted my schedule many many times over the years to suit him, ONLY to keep the peace so my daughter did not have to suffer thru us fighting. I've given him, His way b/c I feel I am the responsible parent. So me not wanting "dad" to get medical records is only b/c I don't think he deserves them, unless he gets my consent first. I pay the bills and make the appointments and take the time off work if nessecary to get her to them. He infact does NOT! So why should he be allowed to Not do any of the work but get all the info. on the work done??
Not to mention, what gives this office any right to give out such info. to anyone? Just b/c they share the last name does not prove anything. I had a Kid I grew up with who had the same last name as me, spelled the same way and we were no relation. The point is - this office knows him as a seperate patient NOt as her father. With out my consent they might as well set her records on the magazine rack in the waiting area for all to see.

Didn't you fill out the patient information forms? You have to list the parents and their history. It doesn't matter what his parenting skills are or are not. He is entitled to this information just as you are. Actually, you also would be required to provide any info. he request in regards to medical and schooling issues.

 

[proud_parent]

So me not wanting "dad" to get medical records is only b/c I don't think he deserves them, unless he gets my consent first. I pay the bills and make the appointments and take the time off work if nessecary to get her to them. He infact does NOT! So why should he be allowed to Not do any of the work but get all the info. on the work done??

Because he is entitled to the information as a matter of LAW.

(750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
(e) Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended. No parent who is a named respondent in an order of protection issued pursuant to the Domestic Violence Act of 1986 shall have access to the health care records of a child who is a protected person under that order of protection.
(Source: P.A. 94‑377, eff. 7‑29‑05; 95‑912, eff. 1‑1‑09.)

So unless your order of protection is current AND would bar Dad from having access to this child's information, he is entitled to it. The dental office did not act improperly in releasing it to him.

The point is - this office knows him as a seperate patient NOt as her father. With out my consent they might as well set her records on the magazine rack in the waiting area for all to see.

No, the point is that the dental office DID NOT release your child's medical information to just anyone. You aren't denying that Dad IS the legal father, are you? How do you know that the office did not verify his relationship to the child before releasing the records?

 

[Ohiogal]

I agree, that dads should be entitled to the same info. as moms.
But all circumstances are different. If this "dad" were not a "dad" of convenience, meaning he gets her on his visitation time unless he has something better to do. And IF he carried insurance on her or even helped to pay a medical bill over the 16yrs of her life. And if I did not have to get an order of protection against him in the beginning due to his temper flaring infront of the minor child every time things did not go just how "dad" wanted.
I am not by any means saying that I am perfect in this - but I have ajusted my schedule many many times over the years to suit him, ONLY to keep the peace so my daughter did not have to suffer thru us fighting. I've given him, His way b/c I feel I am the responsible parent. So me not wanting "dad" to get medical records is only b/c I don't think he deserves them, unless he gets my consent first. I pay the bills and make the appointments and take the time off work if nessecary to get her to them. He infact does NOT! So why should he be allowed to Not do any of the work but get all the info. on the work done??
Not to mention, what gives this office any right to give out such info. to anyone? Just b/c they share the last name does not prove anything. I had a Kid I grew up with who had the same last name as me, spelled the same way and we were no relation. The point is - this office knows him as a seperate patient NOt as her father. With out my consent they might as well set her records on the magazine rack in the waiting area for all to see.

Dramatic control freak much? Umm yeah. Based on your posts you don't care about the law. YOU do not get to decide that dad doesn't get records. According to law he is entitled to them. He doesn't need your consent or your permission OR to kiss your butt. What he needs to do is exactly what he did. Go to the source and get the records. If you interfere with that watch yourself being reamed by a judge. Get over it. Did you lie on the forms about him being her father? Did you not name him? Did you decide to interfere with his legal rights?

 

[kids123]

OK - Thanks! I am by no means trying to be a controll freak! Just looking for advice. What was stated in my post was just my opinion on the matter. I do not know the law - that is why I why I posted a question on here! I have learned that what I deal with from this man means nothing when it comes to the law. No matter what the circumstances. I just thought that since I was given full custody and I do 90% of the parenting that I had some controll over the situation. I now see I was wrong. But there is really no need for rudeness!! If you knew the situation and the other party involved you would see that I am NOT the controll freak! But of course as seen on the news, when you let strangers decide the fate and make the decisions It never goes well. Guess that grieving mom in LeRoy,IL knows all to well why mothers worry about unstable fathers that they are forced to deal with, but would like some controll over the situations.
Thanks for all your advice to all who were not rude!

 

[Ohiogal]

OK - Thanks! I am by no means trying to be a controll freak! Just looking for advice. What was stated in my post was just my opinion on the matter. I do not know the law - that is why I why I posted a question on here! I have learned that what I deal with from this man means nothing when it comes to the law. No matter what the circumstances. I just thought that since I was given full custody and I do 90% of the parenting that I had some controll over the situation. I now see I was wrong. But there is really no need for rudeness!! If you knew the situation and the other party involved you would see that I am NOT the controll freak! But of course as seen on the news, when you let strangers decide the fate and make the decisions It never goes well. Guess that grieving mom in LeRoy,IL knows all to well why mothers worry about unstable fathers that they are forced to deal with, but would like some controll over the situations. Thanks for all your advice to all who were not rude!

Again you are being overly dramatic. The solution was real simple -- you should have had sex with him and let him impregnate you if you didn't want to deal with him.

 

[Just Blue]

OP'S posting history is interesting.

 

[kids123]

WOW!! Let me just say that If being a parent and protecting my child is being over dramatic - so be it! She is still alive and healthy and loved! I do not play dads games but am tired of being walked on - if you knew me you would know that. But thats right none of you do know me yet you are all quick to judge every person who posts a question looking for advice! I see No reason for anyone to be rude to any of the people who post questions on this site. We are NOT idiots!! OH - there I go being dramatic again.
I do realize he is the father and do realize he has rights if that were not the case I would have no problems to ask about would I? And I admit I made a mistake by getting pregnant by this man - unfortunatly I was young and nieve - But if I were perfect, Again I would not be posting a question.
Maybe you all should step back and rethink your replies b4 you post,
go back thru and see just how many of you are rude to people looking for advice. I have always gotten good advice from this site but honesty does not have to lead to being mean. I get that I am in the wrong with the medical records. And I can admit to my mistakes - Can You???

 

[Silverplum]

WOW!! Let me just say that If being a parent and protecting my child is being over dramatic - so be it! She is still alive and healthy and loved! I do not play dads games but am tired of being walked on - if you knew me you would know that. But thats right none of you do know me yet you are all quick to judge every person who posts a question looking for advice! I see No reason for anyone to be rude to any of the people who post questions on this site. We are NOT idiots!! OH - there I go being dramatic again.
I do realize he is the father and do realize he has rights if that were not the case I would have no problems to ask about would I? And I admit I made a mistake by getting pregnant by this man - unfortunatly I was young and nieve - But if I were perfect, Again I would not be posting a question.
Maybe you all should step back and rethink your replies b4 you post,
go back thru and see just how many of you are rude to people looking for advice. I have always gotten good advice from this site but honesty does not have to lead to being mean. I get that I am in the wrong with the medical records. And I can admit to my mistakes - Can You???

We're totally gonna talk about you for a short while after you're gone. Then we'll forget you.

 

[ezmarelda]

i think OP is pretty...

 

[TheGeekess]

You did get correct legal advice. Dad can get medical and education records ALL DAY LONG if he wants to. All he has to do is make the call/the visit/send the email.

Even The Child's father can get any of her records if he so chooses (even though he just met her/got visitation last summer and she's 12). I'm not going to tell him his legal rights, but if he wanted to do so, there's not a thing I can do to stop him.

Get over your attitude, because quite frankly, if you don't like the legal answer here, how are you going to like it when a JUDGE is telling you to your face that you are out of line?

 

[Ohiogal]

We're totally gonna talk about you for a short while after you're gone. Then we'll forget you.

Well none of that means we aren't perfect. Though talking about her means wasting time on the overly dramatic -- is she really worth it? I vote NO!

 

[stealth2]

We are NOT idiots!!

I wouldn't be too hasty with that pronouncement, were I you.