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Can hospital records be used?

cynnnabuncynnnabun member
in Single Parents

DD1's father and I have no formal anything. No schedule, no set CS, nothing. He's always been good about giving me money and I let him see her whenever he wants. Well, now, he hasn't paid me in almost a year. And, he barely ever calls to see her.

I know if we go to court I won't get back CS because we didn't have anything set up, and that's fine. But I think we're going to have to go and make things legal so everything is what it is and there's no backing out.

My fear is that he'll fight me once I say I want to go to court. He's a nut, and he'll think I'm trying to take her away and fight. He has a history of crazy. He was hospitalized on her 1st birthday for ODing on mushrooms and he was in the hospital on father's day for drugs. IDK what drugs. But I know his mom caught him and he went in voluntarily to get help. And I'm pretty sure he's now doing an outpatient program. He doesn't know that I know about the drugs. But if he fights me can his hospital records be used to prove that he has a history of drug abuse? I'm not losing my daughter. I'd rather have no CS and never see him again then fight a war and end up having to give her to him half the time. I don't mind visitation, but I'm not okay with joint custody. He's got too many issues. 

Anyone know about the hospital records? 

Chelsea; 7/22/2005 Carissa; 4/9/2011 Cassidy; 9/6/2012
Baby #4; 7/7/2018
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Re: Can hospital records be used?

  • kmartinez80kmartinez80 member
    I was able to get XH's medical records, but it was definitely a battle.  The way we went about it was that my lawyer requested for XH to sign HIPPA forms, XH refused, we had to present to the judge why the medical records were relevant, and then the judge had to order XH (multiple times) to sign the HIPPA forms.  There may be other ways to go about it, but you should speak with a lawyer.  In general, medical records are protected and I'm pretty sure the person needs to give consent for their release, but I'm not an expert.  Good luck!
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  • kmartinez80kmartinez80 member
    Also, CS and visitation are two separate issues.  Were you guys ever married?  If not, I believe he will have to go and file for custody/visitation if he wants anything legal in place.  You filing for CS has no bearing on visitation.
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  • achase123achase123

    I know that a friend of mine was able to use her exe's medical records.  When they went to mediation she reported that he had a history of mental illness and had been institutionalized a few times.  The mediator was able to pull medical records and they also subpoaenaed (sp?) his doctor who said that he didn't feel that her ex should be alone with the child (aka unsupervised visits). 

    Hope that helps!

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  • PrincessFiona9PrincessFiona9 member

    I have been thinking about this also.

    I'm wondering if stints in rehab will be on his medical records or not.

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