Legal Question in Family Law in Massachusetts

Mental health Records
My ex was granted supervised visitation in Massachusetts after serious mental health issues and abandoning his children and moved out of state. He has been virtually non existant in his now 7 & 9 year old childrens lives for the past six years...I have recently remarried and moved across country and now all of the sudden he wants unsupervised visitaton in Ohio where he resides. He has been hospitalized as current as 6 months ago and I was wondering if I could use his mental health records in court to keep supervised visitation and how do I obtain those records???

Asked on 9/30/07, 12:08 pm

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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: Mental health Records

First of all, Massachusetts may no longer have jurisdiction over this matter.

If you have any questions, contact me.

Answered on 9/30/07, 9:26 pm

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Joseph Murray Joseph M. Murray, Esq.

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Re: Mental health Records

You would have to subpoena them from the keeper of those records, unless he would agree to obtain them and produce them voluntarily, and, you could trust him to produce the entire record.

But, if you have not retained an attorney yet to assist you in this matter, you might well be considered derelict in your duty to your children not to do so. Your attorney, once retained, should be advised of the existence of the records to be subpoenaed. Good Luck!

Answered on 10/01/07, 1:22 pm

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Mental health Records

If his mental health issues seriously impair his judgment, he can have restricted visitation. If the original basis for supervised visitation included mental health issues, he will have to show that his mental health has significantly improved. Thus, his recent hospitalization will be relevant.

The addition of the new spouse may help or hurt him. Her mental health may be far better or as bad. As she is part of the environment, you can ask that her history be disclosed.

A Massachusetts court will likely not grant him unsupervised visitation without a full GAL investigation, especially not visitation involving out-of-state travel.

Answered on 9/30/07, 4:19 pm

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