Family Law Questions? Ask a Family Lawyer Online.
So you are looking to gain access to your granddaughter's medical records?
yes and my other two grandchildren in the household as well
And your son is in prison correct?
yes county jail for injury to a child not the grandchild in question above
Understand that I can not change the laws, and it is my duty to provide you with an honest and accurate answer regarding your question. With that being said, grandparents laws in Washington are currently in flux, and since your son is in jail, and a restraining order against him, you can not go through him to obtain the documents. But, grandparents rights are only applicable in certain situations.
In this situation, since the daughter in law is refusing to provide those records, the court will not force her to do so in the state of Washington.
i think my best question is what rights do i have grandparent related when i live in washington and she in texas. I'm concerned the things she says do not add up and i have worked in the medical field for twenty plus years
I understand, so the children live in Texas?
I thank you for your answer and i do know the law works slowley thank you for your time and I will keep vigilant, yes currently in her custody in texas
If you are going to seek court action for the records you would have to do so in Texas, not Washington, as Washington does not have personal jurisdiction.
In Texas a court may award a grandparent "reasonable possession of or access to" a grandchild as long as least one biological or adoptive parent still has parental rights
A grandparent may not request access to a grandchild if both biological parents are dead or have had parental rights terminated.
See Texas Statutes 153.432-434.
Therefore, if you are seeking the medical records you could petition the court in Texas for her to disclose those records to you, but I can not guarantee that you will be successful in that venture.
If this answers your question please click the smiley face :) and submit.
would i need to do this in person or can i go through an attorney?
You can go through an attorney, and most of the time they will file for you.
thank you so much for your time do you need anything else from me or a bigger payment as i apppreciate all you've told me
Alright please click the smiley face :) and submit!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).