Can my wife use my medical records against me for child custody? 24 Answers as of August 05, 2011

My wife and I have been legally separated for 3 years. We continue to feud over the kids. Can she use my medical records against me? I am a carrier of Hep c.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Medical records can be used in divorce proceedings. Ultimately however the Court will adopt a plan in the children's bests interests.
Answer Applies to: Washington
Replied: 8/5/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
She can try to use anything she wants. The real question is the benefit of it. For example, that you got a speeding ticket 10 years ago would not carry any weight today but if you were arrested for DUI last week it would.
Answer Applies to: Connecticut
Replied: 7/26/2011
Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
Theoretically your health, and thus, your medical records, can be used against you in a custody battle. If your health makes you unable to care for a child, a judge is not likely to grant you physical custody of the child. However, if your health condition does not impact your ability to parent, I don't think it will hurt you in this area. Remember that it all comes down to what is in the child's best interest, and who can give the child the most stability and consistency. That is what I would focus on, if I were you, not on whether or not she can use your medical records. Good luck!
Answer Applies to: Utah
Replied: 7/26/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Most anything relevant to the well being of the children may be proffered to the court in a proverbial "feud/custody battle". Competent counsel may preclude hearsay and other irrelevant testimony along with protecting highly confidential medical information. That is why the best advice is usually - 'get a good attorney/adviser to represent you"
Answer Applies to: Rhode Island
Replied: 7/26/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If she has a copy of the medical records she may try to prove that you pose a danger to the children but I do not believe that she will be successful.
Answer Applies to: Alabama
Replied: 7/25/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Probably not. However, that answer could change substantially, depending on what you actually mean by "feuding over the kids," and what is actually in the medical records. If the medical records don't show anything that would pose a danger to the children, then, the medical records would probably not be particularly relevant.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You are entitled to confidentiality of your Physician/Patient records unless you waived that confidentiality by giving your wife access to those records. If you waived that confidentiality, your wife could use those records in your divorce case.
    Answer Applies to: California
    Replied: 7/25/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Unless your medical condition somehow endangers your children or puts them at risk, then it is irrelevant and any attempt to introduce evidence related thereto should be objected to as irrelevant to the matters at hand and protected by privacy laws. There are many parents that have Hep C or HIV or a number of other conditions.
    Answer Applies to: Florida
    Replied: 7/24/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    The short answer, yes.But I would need to know more information to better determine the likelihood of success.
    Answer Applies to: Massachusetts
    Replied: 7/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There are millions of people who have your disease. All medical literature makes it clear that you are not a risk to infect your children unless you were to share blood in some way. Therefore, the fact that you have Hepatitis C, so long as you are physically able to take care of your children should have no bearing on your chances of having custody of your children.
    Answer Applies to: California
    Replied: 7/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes.
    Answer Applies to: Connecticut
    Replied: 7/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on whether the medical records are relevant to any particular issue in the case. If the medical issue affects your ability to parent, it may affect custody.
    Answer Applies to: Minnesota
    Replied: 7/24/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Medical conditions of the parties certainly are relevant to custody and visitation and you should expect them to be considered by the court. Discuss the impact with your lawyer (and yes, you need one).
    Answer Applies to: Georgia
    Replied: 7/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Medical records are discoverable and can be used in a custody case, if they are relevant to the issue.
    Answer Applies to: Georgia
    Replied: 7/23/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I can't imagine how so common a disease could be used against you, but please discuss this with your domestic relations attorney, who knows more about your situation than I do.
    Answer Applies to: Ohio
    Replied: 7/23/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The court vigorously protects the right of a child to have a relationship with their parent, even one with physical or mental disabilities. As long as you are properly caring or your health needs and the child is not exposed to any medical risk, your relationship with the child cannot be undermined by your wife.
    Answer Applies to: California
    Replied: 7/23/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    She can use any information that is relevant to the best interest of the children. I'm not sure how important this information would be. Probably not very important if it doesn't directly effectthe children's health. See my website for how a court decides custody issues.
    Answer Applies to: Washington
    Replied: 7/23/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Medical records are not easy to obtain (there are many protections around them), but if she was able to obtain them she might be able to use them. On the other hand, I doubt that the fact you carry Hep C would make much difference in the case.
    Answer Applies to: Washington
    Replied: 7/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You are not posing the right question. The correct question is whether or not your medical records indicate any problems that would indicate some potential harm or danger toyour children. If so, those records (and the facts they reveal)can (and should) be used to help decide what is inthe best interests of your children. That is not "usingthem against you" it is using them "for" your children's welfare. If a judge has to make that decision, he/she is generally going to rely on the opinion of competent medical personnel and not your wife's opinion.
    Answer Applies to: Colorado
    Replied: 7/23/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes, in custody cases everything that could affect the children is relevant. However, without knowing more about the transmission of the disease, I'm not sure what the courts would do. You may end up needing to schedule a deposition of your doctor to explain the risks, and what circumstances the doctor thinks are safe for the kids and unsafe for the kids. Stay well.
    Answer Applies to: Alabama
    Replied: 7/23/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Fighting over custody is a nasty and difficult thing. Your medical records as a carrier of hepatitis does not seem to have much to do with who should raise the kids and where. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 7/23/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    Hep-C is a bad blood disease but it is only transmitted by blood and blood productslike a used razor, etc. You probably know more than I do about the risks and how to minimize the risks and if you do not, then I encourage you to become an expert. Here is why. When we have special children that need special handling, we allow parents to get the training so they can help their child. Now that you are the special risk, you have to convince the court that as a parent, you will take special precautions and you know what those special precautions are. When you divorced, you gave the jurisdiction of the best interests of your child to the court because Divorce says you cannot agree. So the Judge is going to decide this one. when I read your statement you think she will use your medical condition and I think you know her better than anyone else. So you have to convince the Judge you know what you are doing and you are not going to infect your children. Good Luck
    Answer Applies to: Indiana
    Replied: 7/23/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    The parents' mental and physical health are an issue the court must consider in determining custody issues; however, a physical illness does not necessarily, in and of itself, affect your ability to provide care for your children.
    Answer Applies to: Arizona
    Replied: 7/23/2011
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