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

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.

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Filed under: Divorce Child custody
Attorney answers 2

Best Answer

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 only. For specific information regarding your case, call my office at 757-533-5400 to schedule a consultation.


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 offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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