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Arkansas- can my EX get medical records, etc.?

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  • Arkansas- can my EX get medical records, etc.?

    I have physical and legal custody of my kids. My ex has entered a new order pro se to try to get custody. Meanwhile, he is requesting records from school and medical records. Can he do this when I have both physical and legal custody? I know that usually, in Arkansas, physical custody is awarded to one parent and legal custody (school and medical decisions) is shared but I got both. I don't have an attorney right now because I'm low on funds and because I doubt that the judge will take this seriously because my EX has no grounds for anything against me. I would like to know if he can get these records because so far he has been given some as they just assume he can have them since he is the father.
    Last edited by dancetoday; 10-24-2005, 02:37 PM.

  • #2
    Yes, as their parent in fact the doctors and schools are REQUIRED to give him such if he requests absent a court order forbidding it. All legal custody did was give you the right to make the final decision. It didn't stop his right to be involved or know things.


    • #3
      Legal custody

      Okay, thanks. Nobody ever explained that part of it.


      • #4
        Originally posted by dancetoday
        Okay, thanks. Nobody ever explained that part of it.

        An easy way to know how sole legal custody works is this... Everything that comes up and a decision is to be made you are required to inform the other parent and get input. However, in the end you get to make the final decision but it does not mean he's not allowed to know things.

        For instance the dentist says your child needs braces, you agree with the dentist, your ex does not.

        In a joint legal situation, technically it would have to go to court to decide.
        In a sole legal situation, your decision 'trumps' his. However, he has the right to express his opinion.

        In the end if he feels that you aren't making the best choices and can prove it he has the right to take things to court. No one here can tell you how a judge will rule on it.


        • #5
          Want to add... he shouldn't have to go to the professional to get the information he wants.... sole legal custody or not ... you should still be providing this information for him even at a minimal level because he is entitled to know things.


          • #6
            Not what my attorney told me- sole legal custody

            When it came time to make decisions about school for our child, my attorney advised me not to discuss it with my EX because everything that we ever talked about became an argument and every thing I do he tries to cause problems with. She never told me that I was obligated to inform him of every piece of information that ever happens with our child. This was back during our custody battle. I no longer retain this attorney and am hoping not to need one again. I didn't think I needed to give him copies of Aaron's three years of dental records becasue he receives a copy of each bill because he is supposed to pay for half.


            • #7
              Dental records are different than dental bills......... I guess it is okay that your ex get copies of the bills but not information regarding your child... If you want no information to be shared than you shouldn't even send him the bills... oh but I am sure when there is money involved it is okay....
              something is wrong there


              • #8
                That is not what she was saying. She was just asking what information she needs to provide to the child's Father. She never said she was trying to keep anything from him. It was a honest question.


                • #9
                  Yes, you should be giving your ex information about the kids, but not at an unreasonable level. I had this dilema come up recently, my ex was mad at me over a medical bill, so he retaliated saying that I am supposed to call him every time the kids sneeze & every time they visit the doctor. I called my attorney. The attorney said that while he is entitled to know everything about the kids, it doesn't have to be ridiculous. For example, if my child breaks a leg or is scheduled for a surgery, or something of that nature, I should call and inform him. But I don't have to call him every time I take them to the dr. for a check-up or if the child has a fever, etc. I am not obligated to call him for every little thing, but he does have the right to call any medical service provider and get information on the children. If he calls me and asks, I should tell him what he wants to know as well. But I don't have to call him for every little thing (like a routine dental cleaning or filling).


                  • #10
                    what if???

                    This is how I think of it: What would you like if you were the NCP and your ex was the CP? would you like it if your ex took your child to the doctor for a fever and didn't tell you? if the answer is yes not don't tell your ex about taking them to the doctor.....however if the answer was no then you need to tell your ex......


                    • #11
                      Unless the court says he cannot get them as it sounds like he has some parental rights, it does not sound illegal since he is still involved in the kids' life and is not subject to a no contact order or anything like that. I think you should make sure the school knows you are the primary custodial parent and that the kids are not to be released into his custody without your consent.


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