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How do I subpoena Mental or Psychological records?

Started by midwestdad, Feb 13, 2011, 03:30:01 PM

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Hi, I am hoping someone can steer me in the right direction.  The custodial mother of my son is exhibiting some irrational behavior and one of her younger siblings confided in me that she has been prescribed with some psychological related drugs.  She lives in Maryland.  Does anyone know how I can subpoena her mental or psychological records?  Thank you.    


I am guessing you would need a court date and a reason to have them. You can subpoena the dr in that case for a diagnosis and medicine...maybe. If she is getting help and taking her medicine it will be hard to get anything changed in the court order as it is considered a disease.

I was able to use mental illness in my case but I already had the medical documentation to prove it before I left.


I'm pretty sure you can't subpoena them for your own use.  If you have a pending custody or visitation case, you can subpoena them as evidence - but you won't get to read them.  Only the judge will, or the GAL, if you have one.

The only other thing you might be able to do is, if she is under your insurance, you see what the diagnostic codes are.

What is the purpose for getting them?  Maybe there's another way to get what you're looking for.