QUESTION

Can the hospital release my son to someone who is not a parent or guardian?

Asked on Apr 23rd, 2014 on Child Custody - Rhode Island
More details to this question:
I got divorced in December and found out my son had to have surgery on his mouth due to neglect of his hygiene. During the surgery, I informed the hospital that I am my son's mother and would like to be in recovery when he came out. They informed me that I will have to switch off with my son's grandmother because she had the security bracelet. I told them that was wrong because she has no authority over me to my son. My divorce decree says nothing about my son's grandmother. When he was out of surgery, I was NOT informed and the hospital released my son to his grandmother which is an employee of the hospital. My question is, what are my rights as my son's mother versus his grandmother as well as the hospital itself?
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2 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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File a complaint with the hospital. However, is grandmother the court-appointed guardian? Or did dad give her a power of attorney? Then she does have the right to be there and take your son. I suggest you consult with a local family law attorney to figure out what your rights are.
Answered on Apr 25th, 2014 at 5:34 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You don't say how old your son is. If he is an adult, he can choose who gets his information. If he is a child (under 18) then whoever has legal rights under a custody decree or parenting plan has the legal right. The hospital must follow a court order if there is one or the wishes of the patient if he is an adult.
Answered on Apr 25th, 2014 at 5:34 PM

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