My ex husband and I have shared custody of our daughter. I went to make a appointment for my daughter to see the doctor and they told me her father pulled my daughters medical records from her doctor. I called my ex husband and he just said get a lawyer. It is written in our papers that all medical decisions were to be dually made. Is there any way to fix this or file a petition with the court without have to get a lawyer involved?
Answered on: 7/25/13, 12:14 pm by Eric Willison
In Ohio, Shared Parenting arrangements are typically granted to parents who show the court that they can get along well enough to consult each other on the major decisions of a child's life and work together effectively to raise the child. Once the court learns that the parties can no longer work together, there is a good chance that the Court will revise its Shared Parenting Entry and switch it over to one parent having custody with the other parent having visitation.
It may be that the father just had some issues with the pediatrician and wants to switch to another. If that is the case, then you should contact him about what new pediatrician he would like to use and see if you two can agree on a new one.
But if the father is merely being a jerk and will not work with you on this issue at all, then I would write a few letters asking your ex husband to turn over copies of the medical records of your daughter to you. Keep copies of these letters and any responses he makes.
Your Shared Parenting Agreement likely addresses the issue of medical care for the child. If the father won't do that, then, depending upon the wording of the Shared Parenting Agreement, you may be able to file a Show Cause Motion as to why he should not be held in contempt of court for failing to follow the judge's orders in the Shared Parenting Entry. But if the Shared Parenting Entry says nothing about this, then your only choice may be to file a motion to convert the Shared Parenting Entry into a Entry granting custody to you with the father having visitation.
To do this, you will need to show the court proof that there has been a change in circumstances such that the Shared Parenting Entry is no longer in the best interests of the child. Thus you will want to accompany your motion with an affidavit indicating that the father pulled the child out of the medical practice you had been using and took the medical records with him and will not share them with you.
Depending upon the
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