Legal Question in Family Law in California
In a child custody matter, can parent A request the medical records of parent B's significant other in order to determine if parent B's significant other should be allowed to be around the child? No harm has come to the child in any way, shape or form from being exposed to this person.
Do HIPAA rules prevent this type of action? Can the court subpoena such records? If the court does have this type of authority, would there have to be evidence of physical or mental harm to the child?
Thank you.
1 Answer from Attorneys
Yes, the court has the authority in general, but if the significant-other objects to release of the medical records, he or she can file a motion in court to request a protective order prohibiting the release of his/her medical records. Then, it's up to the judge as to how important the records are.
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