As part of a divorce, custody, guardianship or other family law matter, children’s medical records are often sought to address any number of issues. Perhaps the child’s caregiver needs certain medical records for a child to be enrolled in school or an activity/sport. A parent may need the children’s medical records to determine whether child support should continue past the age of nineteen (19) if there is a severe medical issue where the child is incapacitated and there is a divorce action pending.1
Nevertheless, an individual’s medical records, including those of children, are protected under state and federal law, specifically HIPAA.2 ... Read More
Tag: records
10
Oct2017
15
Feb2017
In today’s world, key evidence needed in criminal and civil proceedings exists in the digital world and may be a composite of pictures, texts, and third-party statements. A key recent ruling of the Indiana Court of Appeals makes clear the Rules of Evidence and authentication of such as true cannot be objectionable to thwart justice.
This blog post covers some of the key points of that case and the care that everyone should exercise using social media. The key point is if you do not want it used against you in any way, do not post it.
In the M.T. case1, which ... Read More
20
Sep2016
Law, trial process, and litigation is highly evolved by rules, cases, and statutes to allow trial court judges to receive the most accurate and relevant evidence, subject to tests of veracity, to make a fair and impartial decision. Often these technical rules provide confusion to divorce and custody litigants. This blog post explores the three most common evidentiary rules for these types of matters.
The first is hearsay. Other than what one party said to another party, as both are in the courtroom to testify if accurate, one party cannot say what he or she has been told by a third ... Read More