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Am I legally obligated to know the medical info of my children while going through a divorce?

Greenfield, MA |

I'm currently going through a divorce. I recently heard that my son was seen at Shriners Hospital in Massachusetts. I've tried to contact my wife to find out what happened but have been unable to get a response. She filed in March of this year and has not answered one call, email, or text for months. She also hasn't let me see or talk to my children. I finally got temporary visitation this month from the court but it has not started yet. It is stressing me out not knowing why my son was at that hospital. I thought about calling the hospital directly but I wasn't sure if they would deny me the info for some reason. The divorce will be simple and there are no allegations on either side of any abuse or negative behavior. I have no idea why I've been shut out on everything at this point

Attorney Answers 3

  1. This depends on several factors. Do you have joint legal custody during the divorce? If so, she must keep you informed of your child's help. This could also be an issue for discovery. I have an office in Turners Falls and Holyoke and offer free consultations if you would like to discuss this matter more.

    If you are in Massachusetts, my answering of your question does not constitute an attorney/client relationship and are for informational purposes only. If you wish to contact me to discuss your question further I offer a 30 minute free consultation and can be reached at 413-522-6263. If you are not in Massachusetts I am not giving you legal advice as I am not licensed in your state and my comments should be viewed as for informational purposes only.

  2. Call the hospital. Unless the court has ordered otherwise, and you would know if it has, you have joint legal custody of you son and you are entitled to all health and education information, even if your wife directs them otherwise. If you meet resistance then meet with a lawyer right away and ask him or her to call the hospital. This happens too frequently and the medical provider and/or school needs to be educated regarding your rights in the matter.

  3. I am so sorry to hear this it sounds terrible. Your access to medical records depends on what the court has ordered, if anything, regarding custody. If you have joint legal custody you should have access to the medical records. You can go to court and look at your file and get a copy of any orders that state what your custody situation is. Then if the order is for joint legal custody, which it sounds like it should be, take it to the hospital and they then should give you the records you seek. It does sound as if you should have an attorney assist you. I wish you all the best.

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