Mental Health Records and Information in a Custody Dispute

 

Often divorce and custody lawyers issue subpoenas to obtain mental health information, medical files, and sometimes take the deposition of mental health treatment providers. Generally this information can be obtained but many attorneys don’t know how to issue the subpoena properly, which allows the other parent to stop the process, or at the very least, delay the attempts.

 

Most attempts to try and stop the release of mental health information fail; however, sometimes there are ways to prevent their disclosure.  These arguments are important for parents with mental health records that highlight disorders or other mental health concerns that may negatively impact the outcome of custody litigation.  Combined with the fact that most disordered parents try to avoid being detected as having an mental health issue, when faced with an attorney doing a deep dive into their disorder, this issue provides for a considerable amount of stress in litigation (as if custody litigation wasn't stressful enough).

 

The best strategy tip is to talk to a seasoned custody lawyer to determine if you want and need such information. Obtaining the information can be time consuming and expensive.  If you are the spouse attempting to protect the mental health information, delay is your friend in litigation and preventing the release of information will largely rest on the persuasiveness of your lawyer.

 

The Illinois Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/10, largely controls ways and hows litigation will play out in terms of these types of medical records.  And, you'll want a lawyer that is well versed in custody litigation and litigation tactics when mental health records are at issue. 

 

If you want to talk to Paul Nordini about your custody case that involves mental health treatment, feel free to email him at:  Paul@PaulNordini.com or call him on his cell phone at (630) 306-6300.