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In a Child Custody Case Can Opposing Counsel Depose an Expert That Performed an Alcohol Evaluation?

There are many reasons that one party in a child custody case might undergo an alcohol evaluation. When one parent is concerned about the drinking habits of the other parent, it’s possible that alcohol evaluations will be conducted to prove a problem or defend against an accusation. When you find yourself undergoing an alcohol evaluation, you’ll have to decide what is more important to you; the results of that evaluation or your privacy. Opposing counsel can depose the expert that performed the evaluation on you, unless it was done by a health care provider and you have the reasonable expectation of privacy. In that case, the opposing counsel would need for you to waive your privacy rights in order to access your records and your expert.

Most attorneys will strongly recommend against signing any kind of waiver of your rights. Before you agree to let the opposing counsel have access to any of your health or medical information, talk to your own attorney. If you do not have one and you are representing yourself in your case, this is a good time to consult with an experienced lawyer. It might seem like you are being cooperative and demonstrating good faith by signing whatever waiver the other side wants you to sign, especially if you feel like you have nothing to hide. However, careful about what exactly you are giving opposing counsel access to.

Child custody cases are often the most challenging and emotionally complex types of family law cases. Instead of trying to guess at what you should and shouldn’t do, talk to a lawyer who can advocate on your behalf and make legally based recommendations that will keep you and your case in a good position.

This post was written by David Hurvitz. Follow David on Google+.