How long can a lawyer hold onto medical records obtained for use during a divorce case ?

Asked about 2 years ago - Oconomowoc, WI

During our divorce some of my medicalL records were used to help determine custody of our son . Now that the divorce is over how long will the lawyers hold onto my medical records ?

Attorney answers (1)

  1. Jane E Probst


    Contributor Level 14


    Lawyers agree

    Answered . If it is only your attorney holding the records, you can request them back immediately since the file belongs to you. However, if there was a Guardian ad Litem appointed, he or she may retain them In his or her file in case there are post judgment motions. You did not state whether opposing counsel had access to these records. You also did not state whether the medial records helped or hurt your case. If you wish to modify the custody or placement order within two years of divorce, you need to prove that the current custody, circumstances a harmful to the best interests of the child. If more than two years have passed since the order, you need to show that there has been a substantial change of circumstances. The medical records from the initial judgment may or may not help you then. You should consult with an experienced family law attorney to better respond to this question with more necessary information.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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