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How do I obtain my soon to be exhusband’s medical records to prove that he is medically unfit to care for our children?

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How do I obtain my soon to be exhusband’s medical records to prove that he is medically unfit to care for our children?

Asked on November 19, 2012 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming that what you are trying to do is to obtain the evidence to support your claim that your spouse is unfit as a parent to care for the children.  WHat you run up against here is the HIPAA laws.  What you are going to have to do is to provide enough proof in the form of affidavits or testimony of those who have witnessed his behavior (probably on a motion) to compel the court to sign subpoena's for the records.  They may have to be reviewed "in camera" meaning by the Judge in chambers rather than be delivered to a record room in general.  Remember: determinations are always made "in the best interest of the child."  Good luck.


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