Legal Question in Civil Rights Law in Missouri

Re: right to privacy of medical records, etc

First, since she is not a party, her information can only be obtained by subpoena. Second, if you are the guardian, only you, and not your soon to be ex can authorize the release of the records. However, I would send a certified letter to the custodian of records at the DMH so that they know the existence of the lawsuit and understand your directive not to release the records.

If they are subpoened, then you must move to quash the subpoena because the dispute is between you and your husband and not between you, your husband, and your daughter. This is something your lawyer will need to handle for you as there are many conflicting opinions and many more conflicting statutes.

Your husband can inquire, for example, into your duties as guardian if his claim is that those duties have affected your marital relationship, but he cannot inquire of your daughter's doctors unless he makes her a party to the litigation. In a divorce, generally speaking, he can't do that. But you absolutely need to retain a good domestic attorney to help you weave your way through the tangled web of laws regulating this area of litigation. I do not do this type of work, and cannot help you, although, I am sure you can find a good divorce attorney through the Missouri Bar Lawyer Referral Service, if you do not have one already.

Regards,