In child custody cases, the custodian's mental and physical health are considered "at issue" under HIPAA. Courts in Alabama routinely grant subpoenas for all such records. A step-parent living in the home is a non-party and has a bit more protection, but home environment is also a factor in child custody decisions. A subpoenaed party (hospital) and the subject of the subpoena (husband) both have opportunity to object to the production of the records and put the specific decision in the court's hands.
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