Legal Question in Family Law in Virginia

Medical Records Subpoenaed

My daughter is going through a custody battle with the father of her child. An emergency custody hearing was held (after he kidnapped the child from the baby sitter and threatened to leave the state) and the judge awarded sole custody to my daughter with the father having strict visitation, i.e. pick the child up at 6:00 pm on Friday and drop off at 6:00 pm on Sunday at the sheriff's office. The final hearing will be heard in January. The father's attorney has gone to court to subpoenae my daughter's medical records (for the past five years) in an effort to find something to use against her of which there may be incidents prior to the birth of her child, who is only one and a half years old. Is this just a tactic of this attorney, or will this most likely be granted by the judge? And if granted, and any incidents of drug use are found in her past medical history, how damaging is this to her?


Asked on 11/05/03, 9:34 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Medical Records Subpoenaed

Any information regarding past drug use by the

person who is seeking custody of the child has the potential of redounding to the detriment of this person if it falls into the hands of the party opposing the custody.

Therefore, your daughter's attorney should unreservedly oppose the father's request to subpoena your daughter's medical records.

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Answered on 11/05/03, 10:12 am


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