Can I subpeona someone's health records for custody court?

Asked over 1 year ago - Lynchburg, VA

My daughters mom told me her father was hospitalized 3 Times in the last year for heroin, now he's living at her house.

Attorney answers (3)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . If somene is a habitual drug offender and user, it is absolutely relevant to the case, you may need to call him as a witness and the medical records alone will be challenging to admit and put them in context. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. James Donald Garrett

    Contributor Level 20

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    Answered . It is not unreasonable for you to object to these living arrangements. If the mother insists on having her father living at the home, you should consult with a child custody attorney regarding a possible change of custody.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  3. Benjamin Pearce Titter

    Contributor Level 14

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    Answered . You can ask file for a subpoena, but the court may not let you introduce them. The best thing would be to call the father as a witness in your case and ask him under oath about the drug use. Then maybe you can use the medical records to impeach him if he denies the drug use.

    Responses on AVVO do not establish an attorney-client relationship. All responses to questions should be used for... more

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