The importance of mental health records in divorce proceedings and custody

Divorce proceedings and custody battles can be quite a source of stress not just for the divorcing couple but for children and extended family members as well. These processes can be draining not only on the finances but also on emotions. And the ramifications are almost always nothing short of life-altering.

This is why Atty. Shane Kersh insists that couples who are headed for a divorce learn as much as they can about the proceedings and all the key elements involved in it. For this blog, Atty. Kersh discusses the importance of mental health records in divorce proceedings since it has a profound impact on custody battles, among other things.

Family courts often look to financial and psychological care as the two main factors when deciding who gets custody of a child. It’s very important to note that while doctor-client privilege still holds up when it comes to mental health records, there are exemptions, though limited and different depending on the state. The court may order the release of documents or a doctor to testify if either parent is accused of having mental issues that put the child’s physical and emotional well-being at risk.

However, if or when summoned, psychiatrists and mental health professionals holding the records are not required to divulge their client’s entire history – just the pertinent information that may have a significant impact on the custody battle, Atty. Shane Kersh adds. After all, the future safety of a child is what matters most.

Houston-based family law attorney Shane Kersh is dedicated to helping people who are going through difficult times, especially in relation to issues arising from divorce, child support, mediation, CPS defense, order modification, and marital property. For similar posts, visit this blog.