Custody Question


#1

My ex and I had initially agreed on joint custody and worked out a schedule which we both agreed on. Our schedule varies monthly due to my work schedule. I had sat down and went over a calendar and figured up that I would have our daughter about 50 more nights than he would over the course of a year. He has started threatening me to “fight it out in court” since I will not agree for my daughter, who is 2 years old, to go to school where he lives over an hour away. He was the one who walked out and left and after all my begging and pleading for him to stay close so we could avoid issues like this, he made the decision to move where he did. I even offered to move a little closer so she could go to school in between my work and his(due to my job I cannot move to where he is) but he still will not agree.

My question(s) are, I was diagnosed with depression after I had my daughter. I am sure if this goes to court this will be brought out. Can they subpoena all my medical records or just certain ones? Or will I have to fill out the information to which doctors I went to, because he doesn’t know which doctors I saw?
Also, since my schedule rotates and he works weekends neither of us were the “primary” parent. We pretty much split responsibilities down the middle. In terms of who has had her more, I have so far(which again depends on the month). Of course, he will say that he was the primary parent since while he was laid off a while back he did the caretaking.
I am just terrified of going to court because I don’t want all my past brought up. I don’t have a criminal record, nor any past drug use, but I do have some childhood issues which he knows about.


#2

I’d like to know the answer to the medical question myself. My husband currently takes a good bit of medication and was on anti-depressants/anti-anxiety meds for a while but now says he’s off them and smokes pot instead (good choice, NOT!). Additionally, from what one of the specialists stated, he suffered a few “mini strokes” that he didn’t even know about and did damage to his brain. I’d LOVE to subpeona his medical records if at all possible so I’d like to know what all that entails as well.

I’d also like to know about bringing up childhood issues from the past or any other medical issues OUTSIDE of what you currently endure. My grandmother currently is in the Alzheimer’s Unit at a care facility and often has hallucinations, etc. I’ve been told this could be hereditary and he’s trying to use that as an excuse to take the girls away from me (but it didn’t matter when I was taking care of them for the past 10 years while he was out working 14 hour days and screwing around).

Best wishes to you SadMommy. Ihope everything works out!!


#3

They can subpoena your medical records as your health is relevant to custody. Depression is a common disorder, and unless you are a danger to your child, it will not be a determinative factor in custody.


#4

First of all, thank you for your quick reply.

When they subpoena my medical records, how does that work? Will they get ALL of my records from every doctor I have seen or will I have to fill out my doctors information?

Thank you again!


#5

The doctor will likely object to the request, and a hearing will be had for the judge to determine what specifically needs to be released.