A same-sex couple battled over the best interest of their child in a heated child custody battle, as reported by the New York Law Journal in an October 25, 2012 article.
As the custody dispute went on, one of the ex-partners requested that the other partnerâ€™s medical records be subpoenaed. The pair fought over whether the medical records were relevant to determining the best interest of the child. The petitioning woman argued that her exâ€™s OB/GYN, fertility, and hospitalization records would offer proof that the child should be placed with her. Furthermore, the petitioning woman sought to have records reflecting a previously litigated issue with the other womanâ€™s legal status as a parent should also be reviewed by the court.
Specifically, the petitioning woman argued that the medical records clearly showed that the other woman did not have a significant connection with the child. The other woman contested to the submission of the medical records arguing that the documents were private and did not show anything in relationship to the child.
Based on the facts and legal standard the court ruled that when a party actively contests custody the party automatically put their mental and physical well-being into issue. Therefore, physician-patient privilege is considered waived on matters that directly reflect those conditions. Additionally, the documents requested to be subpoenaed were found to not be â€œutterly irrelevantâ€ since they could show whether the other party had a stronger relationship with the child. The court ruled to quash the partyâ€™s motion to deny the subpoena.
At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has over 29 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website,Â www.MyNewYorkCityLawyer.com.