Legal Question in Family Law in Minnesota

I am in a custody battle and his lawer is demanding my medical records. I was in therapy before but that was before i met my sons father. I did release records for only dates after i was involved with my sons father. His attoorny then came back with wanting everything from the past ten years! My lawyer agreed to it only if they went to the judge first and the judge would pass on anything she thinks pertains to the case. I did sign them but I modified them to not disclose any Dr/Therapist notes. They threw a fit and resent them (dont I have any privacy rights?) I still do not agree since they are trying to prove that i have mental health issues. what can I do at this point to again fight for my privacy. My lawyer is not fighting for me on this. I did end up signing them but they didn't send them in before they expired and have now resent them without any expiration date. What can I do.


Asked on 2/07/14, 12:21 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

A complete review of your case would be necessary to determine if the records are relevant to the issues in dispute. If they are not, you may be able to seek a protective order preventing disclosure of those records. Some medical records, even those predating a marriage, may be relevant to disputed issues if, for example, they have a bearing on custody issues (emotional stability and mental heal diagnosis) or spousal support (employability). How remote the records may be can also be a critical factor.

You should be discussing this with your counsel.

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Answered on 2/07/14, 12:28 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Since you appear to state that you do not agree with your own attorney and with the judge, then I urge you to obtain a second legal opinion at this time. Typically you may change attorneys, too. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Law, Minnesota Family Law Attorney, Minnesota Mental Health Legal Issues Attorney, http://dwyerlawfirm.net

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Answered on 2/07/14, 2:11 pm


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