Visitation

questions & answers

Question: I am representing myself in court in regards to visitations and I am needing to subpoena records from my childrens therapist for the hearing in January. How do I do this?

Answer: A.R.S. § 25-403.06 permits a parent to obtain access to a childs medical, mental or emotional health records without the need for a subponea. The statutes also provides for sanctions against anyone who impedes such access. For a person to obtain the records, they would need to write a letter to the therapist requsting the records citing the above statute. If a subpoena is necessary it must be issued by the Clerk of the Superior Court and conform with the requirements of Rule 52 of the Arizona Rules of Family Law Procedure. It can be served by any non-party over the age of 18. Any documents obtained must be shared with the opposing party. You will be responsible for the oost of copying documents.