Can I subpoena medical records of my ex who is suing me for custody?

Asked about 3 years ago - Houston, TX

My ex is suing me for custody of my child (who is not his biological nor legal child).

Chronic illegal drug use was an issue in our marriage, and based upon information he told me while we were married, his doctor immediately recognized his chronic use upon examining him.

As my ex is (of course) now denying using drugs, and will no doubt refuse to provide them on his own, can I subpoena his medical records from this doctor?

Attorney answers (1)

  1. Sarahjane Davidson

    Contributor Level 13

    Answered . Yes.

    You can also ask the judge to order a drug test, but expect for the order to be mutual (you will be ordered to take one, too).

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