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Can my husband obtain my mental health records?

Lewisville, TX |
Filed under: Family law

I am currently in the Dallas, Tx area and asked my husband for a divorce. He said that unless I amicably agree to his terms, he would seek 50/50 custody of our boys using my psychiatric records which he claims he already has. I am not on any medications nor have I ever been. I have seen two therapist during our 3 yrs together. Is it even possible for him to have access to my mental health records?

Attorney Answers 3


Well, anything's possible. But if he's somehow managed to do that without a court order or getting them through you, both he and the therapist are going to be in a whole lot of trouble that would probably derail whatever his little plans may be. If he actually does have the records, which I wouldn't count on, you should be able to keep them out of evidene, but that whole situation would be wry tricky to handle, and you really do need to hire an attorney to make sure it all goes as it should, since certain very specific procedures would need to be followed to address the situation properly. Good luck.

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Call your therapist and see if the husband has the records. It sounds like he's blowing smoke. Further, there's a patient-doctor privilege for treating patients and most knowledgeable therapists will enact that privilege when forced to produce those records (or testify) and they can refuse. If you have a lawyer, they can put in a request for a protective order.

While he may have you examined via a motion for psychological exam, it wouldn't be by your treating therapist. It'd be via a neutral third party.

These things understandably get complicated and if you want to fight him, I strongly recommend you get a lawyer.

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He should not have been able to obtain your psychiatric records as they are protected by HIPPA, even if he is your husband. He is likely threatening you with something he doesn't have since he doesn't understand the law. It is important that you speak to an attorney not only about this issue but also about your divorce since it is obvious he will be making it difficult. We can help. Call us at 210-224-2200.

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