Legal Question in Family Law in California
Am I allowed to have the father of my daughters military medical records for a child custody case? It would prove how unstable he is (suicide threats..)
Asked on 12/02/10, 7:49 am
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
In civil court you would have to subpoena the records and references to psychiatric conditions are privileged unless they form the basis of the lawsuit. I would image the military is very much stricter so you could not get the records. You can try but I think you will fail.
Answered on 12/07/10, 10:44 am
Tina Chen
Law Office of Tina Chen
You can have the records subpoenaed and delivered to the court the day of your hearing. The Judge will hear argument on why they are relevant to your case and will determine if the records are admissible. I have seen the Court go both ways on this issue. Good Luck.
Answered on 12/16/10, 1:23 pm
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