Access to Physical and Mental Health Records in a Custody Case

If a child’s parents have a legal dispute over custody and/or other parenting rights and responsibilities and wish it to be resolved by a Court in New York State, each parent places their physical and mental health in issue before the Court. A parent’s right to confidentiality is waived when that parent seeks or contests custody.

The Court’s primary duty is to protect the best interests of the child. The Court must have available to it all relevant evidence of each parent’s physical and mental health so it can render a decision that fulfills that duty. Each parent is, therefore, entitled to seek disclosure of all records and information relevant to the other parent’s physical and mental health. Such records and information may then be used to assist the parties in settling the dispute by agreement or as evidence at trial.

If a parent refuses to permit disclosure of their health-related records and information, the risk arises that the Court may make an adverse inference against the withholding parent and determine that the parent’s physical and/or mental health is not compatible with custody of the child. The conclusion can be drawn that the withholding parent has something to hide that would adversely affect their chances of succeeding in Court.

Nevertheless, a parent who wishes to withhold such records and/or information is entitled to “move” the Court for a “Protective Order” denying the other parent access to them. The moving party must show that the demand by the requesting parent is for records and information that are irrelevant to the issues before the Court, a duplication of materials already provided, or otherwise not properly disclosable. Each case is unique.

If you are involved in contested custody proceedings, the experienced family law attorneys at O’Connell & Aronowitz are available to guide you through the various legal steps and assist you in understanding your rights and responsibilities. Contact us today for your complimentary consultation.