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EX STATING TO HOSPITAL STAFF THAT DECREE OBSOLETE/SUBPEANAS?

Bolingbrook, IL |

If my ex is stating to my childrens doctors that the existing court order has become obsolete and a new one issued which prevents me from obtaining simple medical records for my two children, what if anything can be presented in future court proceedings that her actions are destructive?
The doctors worked with me and forwarded all the information last night when I explained to them that there was such "decree" and the one in place for the last 8 years is still enforce?

Can my ex's deliberate actions in preventing me to access my childrens medical records be used in future court proceedings?

Attorney Answers 2

Posted

The answer is maybe. Keep good records. The law clearly states that both parents are entitled to records held by third parties, unless there is an order to the contrary.

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Asker

Posted

Judy, thank you so much! Every question I have asked, you come through! I have made such positive gains the past few months by simply knowing my rights which is covered under the Illinois Marriage and Dissolution Act. In fact, every one of my children's medical providers has worked with me once I present my rights under the act. It is unreal!! They have not impeeded my desire to be involved. Thanks so much!!

Judy A. Goldstein

Judy A. Goldstein

Posted

You are very welcome.

Posted

Keep good records regarding your ex's attempts to prevent you from getting the child's medical records. This may not carry the day in a hearing, but if you have other evidence in addition, it will be helpful in future proceedings like a change of custody or a termination of joint custody.

Nothing in this post creates an attorney-client relationship. This post is not meant to serve as legal advice.

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Asker

Posted

I was not awarded joint custody by the Judge as my ex was awarded full custody.

Jenette M. Schwemler

Jenette M. Schwemler

Posted

Then you may be able to use this as evidence of your ex's attempts to prevent you from access to the child's records in a change of custody situation (change from her to you). But you will need a lot more evidence than this to support a change in custody.