Legal Question in Family Law in New York

Medical records and child custody

Can the private medical records of a parent be used aganist them in a custody hearing ?


Asked on 10/20/05, 3:50 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Medical records and child custody

It depends on how the records were obtained.

If they were obtained through some unfortunate strategem not approved by the law, then NO, they may not be admitted.

Otherwise, YES, they may be admitted.

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Answered on 10/21/05, 4:41 pm
Seth Kaufman Kaufman PLLC

Re: Medical records and child custody

It depends on the allegations in the proceeding. Questions of custody, or the best interests of a child, often raise the issue of the parents' mental and physical well-being. You will likely be asked to authorize the release of your records, and refusing to do so may reflect poorly upon you. The other side may attempt to subpoena or obtain a court order for the records, anyway, especially if there is relevant information contained in them. Consult ana ttorney as soon as possible to discuss the particulars of your case.

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Answered on 10/21/05, 11:11 pm


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