Subpoena of medical records in Michigan

[Charlee GW]

Michigan:

I have filed a motion for change of custody of my 12 yr old son. The mother was hospitalized with depression and mental illness. My son has been with me for over a year and any visitation with his mother was for a few hours with supervision. I did not seek full custody at the time (bad!) Now that she (mother) is feeling a little better she wants to go back to having full custody. She is not capable of full custody... But she wants it. There was a preliminary hearing to decide weather there was circumstantial change enough to initiate the change of custody. The attorney referee agreed there was. However, I believe I have to prove that now in front of the judge if I'm not mistaken. My question is: can i subpoena her medical records or can I have the court do so? I make just enough to not qualify for free legal service, barely! I would like to do this on my own if I could...?! Seems like a no-brainer, I'm just not sure how to get the records.

Any advice would be appreciated!

 

[Ohiogal]

Michigan:

I have filed a motion for change of custody of my 12 yr old son. The mother was hospitalized with depression and mental illness. My son has been with me for over a year and any visitation with his mother was for a few hours with supervision. I did not seek full custody at the time (bad!) Now that she (mother) is feeling a little better she wants to go back to having full custody. She is not capable of full custody... But she wants it. There was a preliminary hearing to decide weather there was circumstantial change enough to initiate the change of custody. The attorney referee agreed there was. However, I believe I have to prove that now in front of the judge if I'm not mistaken. My question is: can i subpoena her medical records or can I have the court do so? I make just enough to not qualify for free legal service, barely! I would like to do this on my own if I could...?! Seems like a no-brainer, I'm just not sure how to get the records.

Any advice would be appreciated!

Charlee? You would need a court order to obtain the records. However, doctor/patient confidentiality controls and you may not be able to get them in. And Charlee -- are you actually dad or you a woman?

 

[ecmst12]

Child has been with you for over a year. You have status quo. Stick with that - make MOM prove that there has been a change in circumstances in the child's life to place him back with her.

 

[LordofBooks]

Patient confidentiality definitely applies in this case. Though you're free to make a motion requesting medical records, it'd be an act of futility since it'd probably be denied because of confidentiality. Ecmst is right, the better argument is definitely that reverting custody back to the mom would be bad for your child's emotional and environmental stability. Puts the burden on her to prove otherwise.

 

[Charlee GW]

Sigh of Relief!

Thank you for the advice! That puts things in different perspective. I am hoping that the affidavits of witnesses I have procured will be sufficient enough.

 

[CJane]

Child has been with you for over a year. You have status quo. Stick with that - make MOM prove that there has been a change in circumstances in the child's life to place him back with her.

Except Dad is the one that filed the motion. He waited until AFTER Mom got her stuff together and wanted the child back with her (presumably, she was primary custodian before her hospitalization) to file. It's on HIM to prove that the child should remain with him.

 

[Zigner]

Thank you for the advice! That puts things in different perspective. I am hoping that the affidavits of witnesses I have procured will be sufficient enough.

One can't question an affidavit.
You will need the witnesses in court to testify.

 

[Ohiogal]

I still wonder if this is dad or mom.

 

[Charlee GW]

I still wonder if this is dad or mom.

You must not have read my original question... It is quite clear by reading it...?!

 

[tranquility]

You must not have read my original question... It is quite clear by reading it...?!

Maybe so, maybe so.

The mother was hospitalized with depression and mental illness.

But, see also:
http://en.wikipedia.org/wiki/Heather_Has_Two_Mommies

 

[Ohiogal]

Maybe so, maybe so.
But, see also:
http://en.wikipedia.org/wiki/Heather_Has_Two_Mommies

How many guys do you know that spell their name Charlee?

 

[stealth2]

How many guys do you know that spell their name Charlee?

I only know a duck who spells it that way, not a drake.

 

[stealth2]

Oh look! OP's posting h/x indicates that SHE is a woman with a HUSBAND! LOL

https://forum.freeadvice.com/divorce-separation-annulment-36/do-i-have-stay-401730.html

What is the name of your state? Michigan

I want to file for divorce and my husband says he doesn't want a divorce. We have two children 6 & 10. I am not interested in the house but would want custody of the children. if I suspect an unstable situation when he gats served can I move out with the children and live with my parents indefinitely or do I have to stay and weather the storm?What is the name of your state?

Nice try, Charleeeeeee....

 

[Ohiogal]

Oh look! OP's posting h/x indicates that SHE is a woman with a HUSBAND! LOL

https://forum.freeadvice.com/divorce-separation-annulment-36/do-i-have-stay-401730.html

Nice try, Charleeeeeee....

Jeez... Gotta love liars. So OP, you lied through your teeth. Nice. And when confronted you continued to lie. So, are you mom or stepmom? Try telling the truth.

 

[LdiJ]

Jeez... Gotta love liars. So OP, you lied through your teeth. Nice. And when confronted you continued to lie. So, are you mom or stepmom? Try telling the truth.

I would hazzard a guess that its Charlee's new guy using her screen name to talk about his child. Charlee and her ex had more than one child.