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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17454
Experience:  B.A.; M.B.A.; J.D.
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Divorce finalized last year, and one spouse was

Customer Question

Divorce finalized last year, and one spouse was "incompetent" and had their adult child from another relationship as the guardian.There is a young minor child, who is with the other spouse. This child has some mental health issues, and the spouse with custody properly alerted the other parent of the hospitalization via phone, as required by the parenting plan. The mentally incompetent spouse denies that, and is causing all kinds of raucousPer the Tennessee parent bill of rights, the non custodial is allowed to get the medical records from the provider. However, if the parent is under a guardianship should they be contacting providers and getting that information? Shouldn't the provider only give it to the guardian, if they are informed of the guardianship? Then, would the guardian have the right to them?The issue is the protection of the child from the mentally unstable parent, who doesn't even exercise the visitation that they DO have and has taken no interest in the child for over a year.
Submitted: 18 days ago.
Category: Family Law
Expert:  Phillips Esq. replied 17 days ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 17 days ago.

I am sorry to read about your difficulties.

Your Questions:

Per the Tennessee parent bill of rights, the non custodial is allowed to get the medical records from the provider. However, if the parent is under a guardianship should they be contacting providers and getting that information?

Response 1: No. The Guardian should be doing the contacting.

Shouldn't the provider only give it to the guardian, if they are informed of the guardianship?

Response 2: Yes.

Then, would the guardian have the right to them?

Response 3: Yes, as the fiduciary of the "mentally incompetent" ex-spouse.

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