Will health records impact my child custody? - Divorce Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Will health records impact my child custody?

I was diagnosed with a terminal illness last week but my x-wife does not know this. I will still be healthy for several years and want to spend them with my kids. Can medical records be found by her lawyer?

Beresford Booth PLLC
Contact this Attorney Now

Medical records are discoverable. Ultimately, the Court will adopt a plan in the children's best interests.

Answer Applies to: Washington
Replied: 8/4/2011

Gregory T. Buckley, Attorney at Law
Contact this Attorney Now

It is possible thather attorney could request or subpoena the records, as your health could be a factor the court would look at in creating a time-sharing schedule.

Answer Applies to: Florida
Replied: 7/21/2011

Law Office of Robert L. Fiedler
Contact this Attorney Now

They won't necessrily search for them but if the question of health comes up, you would have to disclose.

Answer Applies to: Connecticut
Replied: 7/20/2011

Warner Center Law Offices of Donald F. Conviser
Contact this Attorney Now

That is unlikely, unless you make your medical condition an issue in the case. Your medical records areentitled to protection as confidential documents under the physician/patient privilege unless you tender the issue of your health condition to the Court, i.e., if you claim inability to work due to your health condition, your medical records could be discovered.

Answer Applies to: California
Replied: 7/15/2011

Neville J. Bedford Attorney at Law
Contact this Attorney Now

Sorry to hear about your diagnosis. On the bright side, your desire to live life to the fullest is probably now most extreme. There are confidential issues surrounding your medical records - You control the information and probably should not discuss these confidences with anyone other than your doctor. A good Attorney will be most helpful in managing this issue. The key issue is whether your fitness as a parent is impaired by the illness so as to render you unfit. You may still be a fit and proper parent with assistance - which you are likely going to need personally as well. .

Answer Applies to: Rhode Island
Replied: 7/14/2011

Horizons Law Group, LLC
Contact this Attorney Now

Records can be obtained by a subpoena. However, usually medical records are not requested in a divorce unless one party is making health an issue - such as not being able to work or pay support due to a health issue.

Answer Applies to: Wisconsin
Replied: 7/14/2011

Vincent J. Bernabei LLC
Contact this Attorney Now

I am sorry to hear of your diagnosis. If you are currently healthy and expect that to last for at least several years, it is unlikely that your medical records will become an issue in your case.

Answer Applies to: Oregon
Replied: 7/14/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
Contact this Attorney Now

Medical records can be subpenad by the lawyer for your former wife. However, that rarely happens, unless they have some information that would lead them to think there is something in your medical records that would help their case. You say you are healthy and have several years ahead of you so it is highly unlikely the fact you have "a serious illness" will be a major issue in your custody case. OF course, if you become too ill to properly care for the children then that would change things in the future.

Answer Applies to: California
Replied: 7/14/2011

Answer By David Goldman
Apple Law Firm PLLC
Contact this Attorney Now

Child custody is typically determined by what is in the best interest of the child. Depending on what your health records show, there might be an argument that they would be material

Answer Applies to: Florida
Replied: 7/14/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
Contact this Attorney Now

Certainly there are ways for your ex-wife's attorney to obtain your medical records. However, that assumes that he has some reason to go looking for them. How those records will affect custody or visitation is more of a problem. My reaction is to say that your health condition should not have much of an impact on custody or visitation until such time as a court is convinced that your condition with either impact your ability to care for your child or until your condition becomes a danger to the child's wellbeing.

Answer Applies to: Washington
Replied: 7/14/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy