My ex-wife was awarded sole legal custody of my 13-year-old son in the divorce. However, since then, he has begun suffering from mental health issues while under her exclusive care. In conjunction with a modification motion, I plan to file, as a pro se party, subpoenas duces tecum to the counselors, psychologists, and mental hospital, as well as other healthcare or mental health providers. What is the likelihood that these subpoenas will be successful and not Quashed or not issued by the court?
And if the hospital files a motion to Quash, is there a possibility that they could successfully convince the court to make me pay for their attorney's fees in the event the judge grants the motion?
Before issuing subpoenas, take advantage of Va. Code § 20-124.6. Access to minor's records.
"A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records of that parent's minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B."
Review the records and see if there is anything worth a subpoena.
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