Washington, DC asked in Civil Rights, Family Law and Health Care Law for Virginia

Q: Is my past mental health evaluation protected by HIPAA PRIVACY RULE or civil rights ; taken without permission and used

After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific malicious custody battle. no one has revealed they viewed the evaluation but when treated as if you murdered a child in the past and the judge asked about my alcohol and drug abuse issues out of the BLUE ; EVIDENT That my evaluation was taken and has been maliciously used in a custody battle. Another fact the mother being a registered nurse provided our child’s family history to the pediatrician ; provided drug and alcohol abuse ( she NEVER WITNESSED) being in my past 20 years ago and she DID’NT PROVIDE CRITICAL MEDICATION HISTORY OF BRAIN TUMOR, SLEEP APNEA, ANXIETY DISORDER ,evident her actions purely malicious, not best interest of child , was my civil rights ,HIPAA RULE privacy violate?

1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Estate Planning Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and testify as an expert giving an opinion. An evaluation that is 20 years old would not carry much weight, even if it were admitted into evidence.

The mental and physical health of a custodian or proposed custodian of a minor child is one of the factors that a judge can consider in any custody or visitation dispute. Generally, if a person acknowledges a mental illness and addresses the condition with prescribed medications or therapy, it should not be dispositive. We all have our problems and imperfections. Custody disputes are not a search for the perfect parent, but rather a determination of who best serves the best interests of the child.

Any person involved in a custody or visitation case should consult with an experienced Virginia family law lawyer.

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