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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I was a therapist (LPC) young girl and both of her

Customer Question

I was a therapist (LPC) for a young girl and both of her parents who were no longer together, but co-parenting brought her to me for counseling. Now, there is a custody battle where dad wants full custody. The mom's attorney sent a subpoena for case notes, invoices and email correspondence fromopposing side (which is ex husband) I have released case notes and invoice to them because its joint custody and I have a release, but as far as email correspondence with dad I believe that would be a breach of confidentiality? I have had separate parent consults with each parent alone. I told the attorney I am not sure what emails I still have and even if I did have them, because they are so old and I would need approval from dad which I will not get. He is threatening that he will hold me in contempt of court if I do not supply this. What do I do?! I have responded with what I have and it doesn't seem good enough. The attorney keeps sending threatening letters to me, and will not modify my supboena.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
In what state is this? Was the father served with a copy of the subpoena and given an opportunity to request a protective order?
Expert:  S. Kincaid replied 1 year ago.
Also, were the parents your clients?
Customer: replied 1 year ago.
Texas. The father was not served a protective order. The mom was an individual client and the father had several phone conferences with me and asked for suggestions but I wouldn't consider him a long term patient. Mainly, psychoeducation. The attorney for opposing counsel said they wanted to know what the father was saying to me which is really in my opinion irrelevant to custody matters.
Expert:  S. Kincaid replied 1 year ago.
Under HIPAA, you are entitled to reasonable assurances from the lawyer that the father has been given notice of the subpoena and had the opportunity to file a request for a protective order. If, given the opportunity, the father has not filed a request for a protective order, then you must comply with the subpoena. That you believe it irrelevant does not relieve you of the responsibility to comply.

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