• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Medical records and divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RockyMtMember

Junior Member
What is the name of your state (only U.S. law)? CO

I'm going through a divorce now - no abuse/neglect/extenuating circumstances but would like to know if my personal medical history can be brought into it? In other words can I be forced to disclose medical records/treatments as part of the discovery?
 


Farfalla

Member
Do you and your spouse have children together?

It can asked for if it is relevant... for example if it limits your abilty to take care of children.
 

RockyMtMember

Junior Member
Yes one child 15 but the therapy I have been receiving in now way impacts my ability to take care of her - again no history of abuse/neglect/etc. I guess what I wonder is if they can go fishing and ask me what the medical treatement was for as they know nothing or if I can refuse to disclose?
 

mistoffolees

Senior Member
Yes one child 15 but the therapy I have been receiving in now way impacts my ability to take care of her - again no history of abuse/neglect/etc. I guess what I wonder is if they can go fishing and ask me what the medical treatement was for as they know nothing or if I can refuse to disclose?
Yes, you can refuse a court order - but you may lose custody and / or be in contempt of court.

If he gets the court to issue a subpoena, have your attorney explain the options. You can ask the court to reconsider or you can possibly refute the justification he gives for going after your records.

But you should also discuss with the attorney how your medical history might affect the outcome. Unless it affects your ability to raise your child, it's most likely irrelevant.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top