Access to Medical and Psychological Records During Divorce
When divorce involves child custody or concerns about a spouse’s health or behavior, it’s natural to wonder if their medical or psychological records can be accessed. The short answer is: sometimes—but not without serious consideration by the court.
At Onward, we know this is one of the most emotionally difficult areas of divorce—especially if you’re worried about your child’s well-being. Below is a general overview of what’s typically required to access such personal records, and how courts across the U.S. tend to handle these requests.
Medical & Mental Health Records are Highly Protected
In every state, medical and psychological records are protected by federal privacy laws (like HIPAA) and state-level confidentiality rules. You cannot simply ask for or access your spouse’s records without:
- Their written consent, or
- A court order that specifically compels disclosure
Even during divorce, these rights don’t go away—privacy remains a serious legal matter.
When Might a Court Grant Access?
Courts are generally cautious, but they may order the release of some records if they are directly relevant to issues in the divorce—especially in child custody or parenting cases, such as:
- Concerns about a parent’s mental or emotional fitness
- Allegations of substance abuse or unstable behavior
- A request for supervised visitation or restricted parenting time
The court will weigh whether knowing this information is critical to protecting a child’s best interests.
How to Request These Records
If you believe your spouse’s health records are important to your case, you or your attorney will typically need to:
- File a formal motion with the court
- Clearly explain why the records are relevant and necessary
- Limit the request to specific providers, dates, or treatments (broad requests usually won’t be approved)
In many cases, the judge will review the records privately first before deciding if—and how much—can be shared.
What If There Are Objections?
If your spouse or their attorney objects to the release of their records, the court will conduct a careful review. Judges weigh the right to privacy against the need for disclosure—especially when children are involved.
Some states also allow for mental health evaluations by court-appointed professionals instead of granting access to private records.
In Parenting Disputes, Mental Health May Still Be Evaluated
If a parent’s mental state is a serious concern, the court may:
- Order a custody or parental evaluation by a licensed professional
- Require a psychological examination under a state-specific court rule
These evaluations offer a structured, expert-informed way for the court to understand what’s going on—without releasing full medical records.
In Summary
Accessing your spouse’s medical or psychological records during divorce is sometimes possible, but only:
- With a formal court order,
- When the records are clearly relevant to the case, and
- When a judge determines that need outweighs privacy.
Because laws vary by state, it’s best to speak with a family law attorney about the best course of action where you live.
At Onward, we help you approach these difficult moments with clarity, compassion, and the support you need to make informed decisions. If you’re in the thick of it, we’re here to help guide you—step by step.