• Facebook
  • Youtube
  • Instagram
  • LinkedIn
Call us now: (602) 344 9865
Chelle Law
  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
      • Does HIPAA Protect Against Subpoenas in Arizona?
      • How Much Can You Charge for Reproduction of an Arizona Medical Record?
      • How to Respond to an Arizona Medical Records Subpoena
      • Purpose of Issuing a Subpoena for Medical Records in Arizona?
      • What is the Arizona Statute for a Medical Records Subpoena?
    • Arizona Medical Records Subpoena from a Board
      • Behavioral Health Professional Response to an Arizona Medical Records Subpoena
      • Nurse Practitioner Response to an Arizona Medical Records Subpoena
      • Psychiatrist Response to an Arizona Medical Records Subpoena
      • Psychologist Response to an Arizona Medical Records Subpoena
      • Responding to an Arizona Licensing Board Subpoena
    • Arizona Medical Records Subpoena in Arizona Civil Actions
      • Are Medical Records Confidential in an Arizona Child Custody Case?
      • Are Medical Records Confidential in an Arizona Divorce Case?
      • Can Medical Records be Subpoenaed in Arizona Child Custody Cases?
      • Can Medical Records be Subpoenaed in Arizona Divorce Cases?
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
      • Do You Have to Respond to an Arizona Board Subpoena?
      • Responding to an Arizona Behavioral Health Board Subpoena
      • Responding to an Arizona Medical Board Subpoena
      • Responding to an Arizona Nursing Board Subpoena
      • Responding to an Arizona Psychology Board Subpoena | Psychologist Respond
      • Who Can Be Served a Subpoena by an Arizona Licensing Board?
  • Our Attorneys
  • Results
  • Contact Us
  • Search
  • Menu Menu

Are Medical Records Confidential in an Arizona Child Custody Case?

Are medical records confidential in child custody cases? First, how would one party obtain the medical records of a parent? I’m not going to talk about medical records for children. I’m just going to keep it to the two parents involved. So, if you’re involved in a child custody dispute, you are obviously in court before a judge, and many times the other party will want the medical records of the other parent to use against them in some way or disprove their mental fitness. Medical records can be subpoenaed via a court in Arizona. If you just get a letter from the opposing attorney saying, please provide us with your medical records, you can ignore that.

Ways that Medical Records can be Validly Subpoenaed in Arizona

There are four ways that medical records can be validly subpoenaed. With patient authorization, which I’m going to assume you’re not going to give if you’re in a child custody dispute, through a court, which is what would apply here, a grand jury if there’s some criminal investigation and then from a licensing board. In this case, if you just get the letter from the attorney with nothing else, you can essentially ignore that. Now, they can go to the judge and say, judge, we need the medical records of the other parent to prove some problem. And then, the judge would be the one that would determine whether to issue the subpoena or not. If the judge does issue the subpoena, then you would have to comply and provide the medical records. Now, those records could include mental health treatment, which is, I guess, a surprise to most people.

Are Medical Records Confidential?

If you were seeing a marriage and family therapist or a licensed professional counselor or a psychologist, or even a psychiatrist, if you were getting psychotropics in some way, all those records are considered medical records, and they could be, or you could be forced to disclose those to the other party. Now, are they confidential or not? Well, if you lose the argument and must give up the records, you absolutely need to make sure that your attorney is making certain that they are confidential. So, are medical records confidential, meaning you don’t have to give them up to the other side? No, that’s not the case. Can they be kept confidential, meaning they can’t be disseminated to third parties, or there’s some discretion in the court when discussing them? Yes, they can be, and that’s something that your attorney is going to have to make certain they argue with the judge and keep confidential to some extent.

Many people will then ask me doesn’t HIPAA protect me from giving up any of my records. The answer to that is no. I don’t think most people even understand what HIPAA is, they just use it as a word. But in this scenario, not. If the judge issues via the court the medical records subpoena, you’re going to have to provide it. I mean, if you refuse to provide it, you’re going to be held in contempt, most likely at some point. So, unfortunately, even though you’re in a trusted relationship with a therapist, those records could potentially be given up to the other side and, I guess, even potentially used against you in some way. I mean, that’s unfortunate, and most judges don’t want to see that happen. But if there is some legitimate reason to get the medical records of the other spouse or parent, I should say you may have to give them up. So, are medical records confidential? No, not really, if you must give them to the court via a valid medical record subpoena.

Can Medical Records be Subpoenaed for Arizona Child Custody Cases?

As highlighted above, medical records subpoenas are usually requested for multiple reasons. Therefore, as a medical practitioner, you should expect to get medical records requested by the court to determine a child custody case. This demonstrates the importance of the documents you submit because they will determine the parent who will be given the responsibility to stay with the child.

In Arizona, the court has the legal jurisdiction to subpoena medical records in determining child custody cases. There’s always a tendency for each party to try to argue a case for child custody. Over the years, this has revolved around economic viability and child preference. However, it’s essential to indicate that this issue has transcended medical grounds.

Under Arizona laws, if there’s justifiable evidence that suggests that the mental health of a divorcing party is in doubt, there’s a higher chance that a divorce court will order a medical exam. Such medical records help the court determine whether the divorcing parent is fit to care for the minor. If the court determines that the parent is not fit, the other parent will automatically take custody of the child.

Also, under Arizona law, the court allows both parents to access the child’s medical records from the custodian parent. This means that one is not restricted from analyzing their child’s health at any given time. This indicates that both parties have the legal right to constantly check their child’s health.

How Can a Lawyer Protect Your Medical Records?

As you can see, medical records consist of some confidential records in Arizona and across the country. This means you have the absolute right to determine who can access such records. However, there are some instances where you might be required to present such documents to a court for determination. You need an experienced attorney who can protect your right.

At Chelle Law, we understand your rights regarding the privacy and confidentiality of medical records. We will help you to protect your right from infringement and any prejudice you’re likely to face. Contact us today for a free case evaluation.

Call Us Now: 602.344.9865

Contact Us

If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
    • Arizona Medical Records Subpoena from a Board
    • Arizona Medical Records Subpoena in Arizona Civil Actions
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
Google
Based on 174 reviews
Destinee Hamlet
Destinee Hamlet
2023-01-31
Everyone was very helpful and professional. Felicia answered all my questions and made the process super easy and stress free.
Gabriela Martinez
Gabriela Martinez
2023-01-29
Definitely recommend! I’m a nurse practitioner and was able to renegotiate my contract with the help of Chelle Law. The outcomes were above expectations.
Linda Price
Linda Price
2023-01-27
I placed my trust in Chelle Law to handle my issue with the State Board of Nursing and they did not disappoint. Service was professional and courteous. I could not have asked for a better outcome. I highly recommend this firm!
Anni R
Anni R
2023-01-25
I had a great experience with Chelle Law. I’m so glad I found them and hired their services. Their communication was on point 👌 they’re very professional, always kept me updated, always returned my calls and emails in a timely manner. They’re compassionate and understanding of every situation. I would 100% use them again and refer them to anyone.
Chin Kim
Chin Kim
2023-01-24
Great hep overall. Fast response and even it was an hour review, the attorney stayed on the phone longer to answer all my questions.
Amelia
Amelia
2023-01-20
Booking the consultation was easy and I got all my questions answered! Excellent customer service.
Steven Yang
Steven Yang
2023-01-18
I am a veterinarian about 3 years+ out from school changing jobs for the first time since graduating . The idea of needing to closely review a contract was foreign to me and I honestly had no idea what I would be signing . Luckily I found Chelle law and worked with Erin who put all my worries at ease . She took the time and even went over our scheduled time slot to review / translate every section of my contract and make valuable suggestions that I could bring up to my future employer. Throughout our discussion it was clear to me that Chelle law is very familiar with the intricacies of a veterinary contract and what it typically should entail. I was very pleased with my experience .
Tiffany Efantis
Tiffany Efantis
2023-01-11
I used Chelle law for a non-compete clause review. I was referred to them by a friend. They were helpful, quick, and affordable for what I needed. I will definitely use them again for any employment contract review in the future!
Nicholas Peracchio
Nicholas Peracchio
2022-12-13
Erin was so thorough with my contract I felt extremely confident in my negotiations and ended up getting everything I wanted and more! I can’t recommend her enough. She took her time and made sure I understood everything I was signing and did so with a kind and caring demeanor. Thanks so much Erin!!
Seth Bricel
Seth Bricel
2022-12-13
I needed a lawyer to review my partnership contract and Chelle Law provided a great experience at a fair price. My lawyer thoroughly explained the meaning of the contract in terms I could understand and provided valuable perspective as to which parts were normal and which parts were atypical or in need of modification. Thanks to their help, I've reached a contract that I and my partners are very happy with!

Call Us Today!

602.344.9865

Hours/Office

Monday-Friday: 8:00am-5:00pm (MST/MDT)

Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

Practice Areas

  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
  • Medical Contract Drafting
  • Fingerprint Card Attorney

Office Locations

  • Arizona
  • Indiana

Company

  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Renee Osipov, Esq. Attorney
  • Erin Howlett, Esq. Attorney

Resources

  • Blog
  • Contact Us
  • Sitemap

Follow Us

© 2022 Chelle Law. All rights reserved.  Disclaimer & Terms of Use.  Privacy Policy.

Scroll to top

How Much PTO Should a Physician Get Download



How Much PTO Should a Physician Get?

4 Factors to Consider with PTO

How Much Does Tail Insurance Cost Download

How Much Does Tail Insurance Cost for a Physician?

4 Key Aspects of Tail Insurance for Physicians

Physician Contract Review Checklist

Where Should We Send the Physician Contract Checklist?

28 Essential Physician Contract Terms to Put You in a Positive Financial Situation for Years to Come.