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

Q: Counseling notes

I am in a custody battle with my ex-boyfriend over my 15 1/2-year-old son. We have a final court date next week. I need to know HOW he got copies of MENTAL THERAPY NOTES from 5-6 years ago. How did he do that without my knowledge?? These are not medical records. These are MENTAL THERAPY NOTES that no one has a right to know about except my son. All that time ago we had issues in my family with my mom and my kids. It was a huge transition and we had a hard time but through counseling we survived and now my family is great but he is using my son's therapy notes from back then to say that my mom and I are horrible people. HOW DID HE GET THEM and why was I not informed since I have custody and always have had custody of my son?

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

A: Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.

For medical (including counseling) or education records regarding your son, he has a right to them under A.R.S. 25-403.06. "Custody" does not include the right to prevent the other parent from having access to records.

That said, if these include your counseling records, he really should have produced a HIPAA Release signed by you before the records should have been released.

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