In New Jersey, medical records can be subpoenaed during child custody disputes, but only under specific circumstances and with court approval. Medical records can be a powerful form of evidence during custody proceedings, but are not entered into court proceedings lightly.
Medical records are protected by federal privacy laws under the Health Insurance Portability and Accountability Act (HIPAA) and cannot be disclosed without proper legal procedures. One parent cannot simply request the other’s medical records without a court order or subpoena. Even with a subpoena, the court must first determine whether the request is relevant, necessary, and not overly broad to protect the parent’s privacy.
Why Would Medical Records Matter in a Custody Case?
In any custody dispute, the courts are guided by the best interests of the child and a parent’s physical or mental health status is significant. If one parent alleges the other suffers from untreated mental illness, substance abuse, or a medical condition that affects their ability to care for the child, medical records may be requested to support or refute those claims.
Medical records may also be relevant when a parent requests modification of an existing custody order. The records may be used as evidence to demonstrate a significant change in circumstances, such as a newly diagnosed condition affecting their parenting abilities.
Can I Object to a Request for My Medical Records During a Custody Dispute?
If your co-parent is requesting your private health information, you have the right to challenge the request in court and allow the judge to determine whether the records are relevant and necessary to your custody case. In some instances, the court may review the records privately before deciding whether any portion should be shared.
Can the Courts Limit What Medical Information is Shared?
New Jersey courts are careful when it comes to medical records and often limit what information can be shared and how. The judge may allow only certain records to be disclosed, such as documents from a specific time period or related to a particular diagnosis. In many cases, a protective order can be issued to ensure sensitive information is not misused or disclosed to unauthorized parties. Judges strive to balance the need for relevant information with a parent’s right to privacy.
Hunterdon County Child Custody Lawyers at Tune Law Group, LLC Help Parents Navigate Medical Records Requests
Parents’ medical records can play a significant role in custody matters. The seasoned Hunterdon County child custody lawyers at Tune Law Group, LLC can help you understand your rights, respond to subpoenas, and help protect your sensitive medical information during custody proceedings. Call us today at 908-434-1061 or fill out our online form for a free consultation. Located in Whitehouse Station, New Jersey, we proudly serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.