Legal Question in Family Law in California
subpoena of medical records
my friend will not seek medical help for her depression (which is really bad) because she is afraid that if her ex husbands finds out she is taking medication for her depression he can subpoena her medical records and take their children away. Is this possible. I really want to get her to go get help, but as long as she believes that he can get her records there is no way i can even get her to a counseling. She has told me a couple of time that if it were not for kids she would kill her self so i am hoping that he would not be able to subpoena her records so i can tell her so she can get the help she needs before its too late. thank you for your help
1 Answer from Attorneys
Re: subpoena of medical records
I am not saying I am totally correct, but if she were my client, I would rather tell the court that she is seeking treatment. I don't think her seeking help would really be a "change in circumstance" that would trigger a change in visitation. Now if she gets depressed enough that it is affecting the children, she could get hauled into court anyway. If their grades are dropping or they are suddenly exhibiting behavior problems because mom is unable to care for them due to the depression, that would certainly be a cause for concern. The fact that she is merely seeking treatment, in my opinion, is not something to be worried about. Now if she fails to seek treatment and she does affect the children as described above, or worse, attempts to kill herself, that would be far worse for her in court. The court is concerned with the best interests of the children, and encouraging people to seek help, in my opinion, is in the best interests of the children.
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