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Can the father's attorney, in a child custody case, request health records of the mother ?

Can the father's attorney request health records from the mother in a child custody case? and if so what is the purpose? I have no issue with turning over the health records for my daughter. but see no reason as to why they would need mine!

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Attorney answers (1)

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In Ohio, the general rule is that litigants contesting custody have put their medical situations into question and subject to discovery of the other side. Your medical records may contain information vital to a determination of the best interests of the child. Are you HIV positive. That may be relevant. Do you have any medical conditions that will impact on your ability to parent? The answer may be relevant. Have you been treated for depression? Have you been treated for substance abuse? The answers to all of these questions may give some indication to the court of how stable a parent you would be. But be aware that none of the information obtained can be disseminated. You should ask for a protective order to ensure non-disclosure by the other side.

THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.
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