How can my friend who is going thru a messy divorce protect her mental health records from her ex-partners lawyer ?

Asked over 1 year ago - Charlottesville, VA

It is likely the ex and his lawyer are planning to use her mental health history against her to possibly try to take their kids away from her and give them to the ex.

Attorney answers (2)

  1. Mary G. Commander

    Contributor Level 16

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    Answered . If custody is at issue in a divorce case then the mental and physical condition of the parties are statutory factors that must be considered by the court. For a very brief period, there was a statute in Virginia that made mental health records exempt from disclosure in such situations. That is no longer the case, and the situation is as it always has been. The records can be subpoenaed and a court will compel their production if there is a custody issue.

    This response does not create an attorney-client relationship and is intended for general information purposes... more
  2. Daniel Seth Williams

    Pro

    Contributor Level 18

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    Answered . There is no exception to medical privacy, the records are privileged.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

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