Haley J. Holmberg

COLUMBUS BACK TO SCHOOL BASH PRESENTED BY EASTLAND PREPARATORY ACADEMY (8/7) - REGISTRATION NOW OPEN!

When: Saturday, August 7th from (Noon-1PM VIP / General Entry 1-3PM)
Where: Eastland Mall (2740 B Eastland Mall, Columbus, OH 43232)
Where to Register / Details NOW: https://columbusbash2021.eventbrite.com
Admission: Free!

KEY ITEMS TO REGISTER FOR NOW & DETAILS (ALL ACTIVIES FREE WITH PRE-REGISTRATION):
VIP Entry & VIP Bag - LIMIT 200 FAMILIES FREE: Includes free small ice cream to Dairy Queen of Noe Bixby Rd, Free Texas Roadhouse appetizer, Lazer Kraze, BIBIBOP, Dave & Busters, sunglasses, and more!
Fun Bounce Park: Free! Sign up also for free VIP passes for early entry!
Free Back to School Supplies FREE (limit 400 kids - FREE)
Mystery Prize Zone - FREE (limit 150 - FREE)
General Entry (FREE – 1-3PM): Pre-registration for free admission
More item items at the event: So much fun from a bounce park, stage of entertainment, Mystery Prize Zone, FREE Back to School Supplies (1st 400 kids), free shoes (200), free produce (1st come 1st serve), petting zoo, free cookies, popcorn, fun contests (hula hoop, limbo, cake walk), shopping, find things for back to school, education, classes, things for family, home & more!!

Columbus Back to School Bash by Eastland Prep - Event Registration:Noon-3PM This fun event has a Bounce Park, Balloon Artist, Free back to School Supplies/shoes/produce, Music, Shopping, Food, & more for families!

Established family law firm in downtown Columbus, Ohio seeks a full-time associate attorney with a minimum of five years of experience in domestic relations.

Applicant must have extremely strong work ethic, be self-motivated, have professionalism in communicating with clients, experience handling extensive and complex discovery, trial preparation, attending depositions, and attending procedural and evidentiary hearings.

Candidates must submit a resume with references, and a recent writing sample to [email protected].

Healthcare Records in Divorce and Child Custody

By: Attorney Haley Holmberg

You have started your Divorce or Child Custody case and are laying out the beginning groundwork for your case. With most contested matters, this likely means requesting documents (Request for Production of Documents) and potentially asking a list of questions to the other party that they must answer under oath (Interrogatories). The other party will have their opportunity to request documents or ask questions to you as well. You may receive your request for discovery from the opposing party (or their attorney) and realize that they have asked that you provide information regarding your healthcare records and healthcare history. Your first thought may be to laugh and ask yourself “Haven’t they heard of the physician-patient privilege?”. Unfortunately, that privilege will not work this time!

In a recent case from June 2020, Torres Friedenberg v. Friedenberg, Slip Opinion No. 2020-Ohio-3345, Wife filed a Complaint for Divorce in Lake County, Ohio, and sought custody of the parties’ minor children and spousal support. In turn, Husband filed a Counterclaim for Divorce wherein he also requested custody of the children. During the discovery process, Husband issued subpoenas to Wife’s mental health professionals to obtain healthcare records. Wife then filed a motion to quash the subpoenas, asserting the physician-patient privilege. Husband filed a motion to compel compliance with the subpoena arguing that Wife’s claims for custody and spousal support gave rise to an exception to the physician-patient privilege as she was placing her physical and mental conditions at issue by requesting custody and spousal support. The Trial Court Magistrate ordered that the documents be produced, agreeing that by requesting custody and spousal support, the Court must consider the parties’ mental and physical conditions. The Magistrate ordered each counsel to draft and submit a protective order to limit dissemination of the records to counsel, the parties, and their experts. Mother objected to this decision and the Trial Judge upheld the Magistrate’s decision with the protective order. Mother appealed the decision to the Eleventh District which affirmed the trial court’s order. The majority held that “a parent seeking child custody or a party seeking spousal support waives the physician-patient privilege because a trial court is statutorily required to consider the mental and physical conditions of a parent seeking child custody in determining the best interest of the child and to consider the mental and physical conditions of the parties in determining whether spousal support is appropriate and reasonable.” Ohio Appellate courts have supported the Eleventh District’s holding in this case and hold that a parent’s request for custody of children put said parent’s health at issue, so as to cause an exception of the parent’s healthcare information from the physician-patient privilege. See: Gill v. Gill, 8th Dist. Cuyahoga No. 81463, 2003-Ohio-180.

Therefore, if you find yourself in a position where healthcare records are being requested in your divorce or child custody case and this causes you concern, you may need to request that the Court review the documents first to determine their relevance. Also, you may request that the Court issue a protective order regarding the healthcare documents so that you can ensure that protections are in place to prevent the healthcare documents falling into the hands of individuals who are not on the case, such as friends and other family members. If you have questions regarding discovery in your case, or general questions regarding Divorces or Child Custody matter, its best to contact a knowledgeable attorney for a consultation to discuss your needs and concerns.

Haley Holmberg is a family lawyer who has been practicing since 2018. She is a practicing member of the Ohio bar. Attorney Holmberg is an associate at The Law Offices of William L. Geary, located in Columbus, Ohio. The Office practices solely Family and Juvenile Law.