Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: I need advice please

I just received the opposing party's exhibits in our child custody case. The opposing party is my ex-boyfriend that is my son's biological father they just met each other in August 2021, at my son's request. My son will be 16 in November. They have mental health visits and notes between me, my son, our the counselor from 2014, 15, 16, and 17. How were they able to do that without me knowing or giving consent? My son was 10-12 at the time of the visits. Plus all of their exhibits are prior to my son even meeting his father and all these things happened prior and things are absolutely not like there were then. I do have an atty but she is not keeping me in the loop or answering my questions or telling me what exhibits she will use in court on my behalf because I am unable to pay her right now due to an accident and I couldn't work for a few weeks and it's too late to get a new atty and I absolutely have no idea what is going on. I don't know what to do.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Since he is the child's father, he is legally entitled to any medical records involving your son. For any medical record involving your son, he does not need your permission to obtain them. If they're your medical records, then you would have needed to sign a HIPAA Release.

You can ask your attorney to object based on the psychologist-patient privilege or on relevance, as these are old records and probably not relevant to what's happening today.

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