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Can I subpeona someone's health records for custody court?

Lynchburg, VA |

My daughters mom told me her father was hospitalized 3 Times in the last year for heroin, now he's living at her house.

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Filed under: Child custody Subpoena
Attorney answers 3

Best Answer
Posted

If somene is a habitual drug offender and user, it is absolutely relevant to the case, you may need to call him as a witness and the medical records alone will be challenging to admit and put them in context. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

It is not unreasonable for you to object to these living arrangements. If the mother insists on having her father living at the home, you should consult with a child custody attorney regarding a possible change of custody.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

Posted

You can ask file for a subpoena, but the court may not let you introduce them. The best thing would be to call the father as a witness in your case and ask him under oath about the drug use. Then maybe you can use the medical records to impeach him if he denies the drug use.

Responses on AVVO do not establish an attorney-client relationship. All responses to questions should be used for informational purposes only. Always consult personally with an attorney prior to initiating or responding to any legal action.

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