Asked in Child Custody, Family Law and Child Support for Georgia

Q: Listed Interrogatories include HIPAA, Juvenile, and military record questions.

This is for a child custody battle. I have no prior record and the request is not subpoenaed. Do I HAVE to answer? 9-11-26 and 33 says I have to answer but nowhere does it explain the boundaries for such questions. Wouldn't HIPAA override this request?

3 Lawyer Answers
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you are having difficulties with this issue, you really ought to meet with an attorney so that the right questions can be asked and answered. Your question touches on at least 5 areas of law. It cannot be answered appropriately as asked. We would have to make too many assumptions to answer your question as it is written.

Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In general, HIPAA doesn't apply to individuals. In a custody battle, most information is relevant, so you likely will have to answer.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, it would be a good idea to consult with an attorney who can review the facts of the case in detail and provide you with guidance.

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