Disclosure Laws & Medical Records

by Unmarried Father from Florida

Unmarried father with established parental rights, current time sharing is 60/40. Mother has 60. Mother hand wrote letter giving me sole parental rights while she was in detox for addiction to opiates.

Third trip to detox in less than one year.

Mom now out of detox and staying out of county but wants parenting plan back at 60/40.

Already filed 12.902a modification of parenting plan asking for sole parental responsibility, included copy of hand written letter and explained live in short term detox treatment has not been successful in past.

Best interest of child to live in stable drug free environment. Mom has attorney who answered back denying all allegations in relevant paragraphs. I followed up with a motion to set trial date.

What I want to know is how can I get records and information from treatment center verifying her treatment before our trial. And prove fact that she is currently homeless (her parents kicked her out last relapse) and she is staying with friends out of the county of the residence listed in our parenting plan.

Her parents are backing her 100%. Her drug treatment counselor has advised them all of the increase chance of her relapse into drug use if she returns back to their home. I don't want my daughter traveling a 3 hour round trip with her grandfather to accommodate the current parenting plan.

Plus worry that her mother may relapse again leaving my daughter with strangers until time for her grandfather to pick her up and return her at the agreed upon time and I would never even know whats going on. I don't want to go before a judge with he said/she said. I want proof.

Answer to Florida Child Custody Question

Dear Unmarried Father,

I don't think you are going to be able to obtain proof from the detox center.

Her treatment there is confidential, because it is medical treatment.

However, law enforcement records are not confidential, they are public and easy to obtain.


There may be arrests that you don't know about.

Also, if she has frequented houses known by law enforcement to be drug houses, you may be able to obtain a statement from law enforcement.

If her friends and associates have criminal records for drugs, and you can show that she spends time with these friends, this may persuade a judge that she is using.

You can demand that she be drug tested; and that they use a hair follicle test.

And you can also demand that she prove that she is clean and drug free for a certain amount of time.

Many drug abusers can clean up for a short amount of time to get through a court date, and many cannot stay clean for a substantial length of time. If you are alleging her unfitness then the Department of Children and Families (DCF) should get involved. One of their services is to conduct a home study to find out whether the parent has a suitable place for the child.

If she is living in a homeless shelter and you can prove that, and you can offer your daughter a home, then it is easy enough to see which place is in the best interests of the child. Some parents seeking custody contact DCF and invite them to their home for a home visit so that they have a positive report in hand by the time they go to court.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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