Legal Question in Family Law in New York

I am trying to get my old case files from attorney whom I no longer work with. She promised to give them in the past, but now the only files I need she says she can only give to another attorney. These are mental healthy evaluations ordered and used in a custody case that ended a couple of years ago for example. I can't afford an arrorney and the free assigned one doesn't have any time for me so I am on my own at this point. My previous attorney has a track record of being dishonest so I am trying to figure out is this a legitamate reason to not give me MHS reports? Please advise. Thank you in advance!

Asked on 8/15/17, 2:27 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

It sounds like your previous attorney is simply following the court rules. No family court attorney would turn over a mental health record in your file to you because the court does not permit that. The court only permits these records to be in the hands of Attorneys. My suggestion is you do exactly what your prior attorney said; secure a new attorney who she can transfer the file to

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Answered on 8/15/17, 3:41 pm

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