If your spouse is being unreasonable and you feel that you are not getting the rights you are entitled to, what can be done? Many ex-partners complain that the other spouse fails to respect the need for complete transparency when it comes to their child.
If you have separated or divorced and are facing difficulties in getting hold of your child’s important documents like medical records, you would be relieved to know that the court can help you in an equal distribution of rights with your child.
Until or unless the court has not removed you as the child’s representative, there is no way your spouse can keep such crucial information from you. In times of difficulties like these, getting help from an attorney is often the right choice. The professional helps you mediate with the other spouse and handle the situation effectively.
What authority lies with a parent regarding their child’s medical records?
A mother, a father, or anybody having parental responsibility for their child has the right to seek access to their medical records. According to the Children Act 1989, a parent’s responsibility includes the rights, power, authority, and duty that a child’s parent has by law before the child reaches the legal age to consent. However, there are a few exceptions to this.
Biological mothers automatically take parental responsibility, and so do married fathers. However, the court can remove this in both cases.
Non-Custodial Parent Access to Medical Records
If you do not have primary custody of your child, you still have the same rights as the custodial parent regarding the child’s medical, health, and other confidential matters, unless otherwise ordered by the court. Consult with an attorney if you are not receiving equal access to your child’s information. They can advise you on what access you are legally entitled to.
What if the spouse is not ready to disclose the child’s medical records to you?
In a situation where the court states that you have the right to access your child’s medical, surgical, dental, and academic records, but your partner refuses to do so, you have alternate solutions. First, you can directly contact the actual providers themselves. Second, you will be provided with all your child’s records after you present them with a certified copy of your confirmed court order.
If the medical provider fails to provide you with any form of a document, you will be required to file a petition to either modify or enforce in court. This will be done to judge your child’s authority over your child’s life decisions and information regarding the crucial aspects of their life.
What is a Petition for Enforcement?
Filing a petition for enforcement means that you will be requesting a motion in a Texas court to enact an order related to the provisions that are stated. Other than the request for your child’s medical document, this petition can be filed for many orders such as child custody, spousal maintenance, and selling of properties.
It is integral that the document is written in a clear and precise language. While creating a draft, it is helpful to get guidance from an attorney so that the document is directly in line with what is described in the Texas Family Code Chapter 157, Section 157.002. Below are the highlights of what should be included:
- The details of the provision being requested or that had been allegedly violated.
- A statement that describes how the respondent displays noncompliance.
- The details of the aid/assistance/sustenance requested by the petitioner.
- Contain the signature of the petitioner or the petitioner’s attorney.
The significant role of an attorney
If your partner is not letting you access your child’s medical records regardless of you having the court’s permission, you can always approach a court and ask for the provision of your rights. Get in touch with a family attorney fort worth to help you follow the correct course of action if you are having trouble.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
