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Can my ex-husband subpoena my current husbands medical records? He is suing me for custody of our kids

Madison, AL |

My husband has sought help for depression and has been hospitalized voluntarily several times. His ex-wife claimed in court he was suicidal, so that was mentioned in his divorce, and my ex got hold of the divorce paperwork and is now claiming that my husband is suicidal and that the kids are in danger in my house. While he is not, we don't want his hospital records exposed.

Attorney Answers 2


  1. In child custody cases, the custodian's mental and physical health are considered "at issue" under HIPAA. Courts in Alabama routinely grant subpoenas for all such records. A step-parent living in the home is a non-party and has a bit more protection, but home environment is also a factor in child custody decisions. A subpoenaed party (hospital) and the subject of the subpoena (husband) both have opportunity to object to the production of the records and put the specific decision in the court's hands.


  2. I agree with the previous response to your question. There are actions you and/or your husband can take to attempt to block these records from being produced.

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