Accessibility to a parent's psychotherapy records in custody disputes: how can the competing interests be balanced?

Behavioral Sciences & the Law
Carlton D Stansbury

Abstract

One of the issues that commonly arises in custody disputes is whether one parent or the court may obtain access to the records of the other parent's mental health treatment. The answer to this question varies across jurisdictions given that states do not treat the medical/psychological therapeutic privilege uniformly. These differences demonstrate the competing interests whenever a party's mental health records become an issue in a custody proceeding, and the attempt to balance the interests when the therapeutic privilege is asserted. This article will examine the balancing challenge, review the scope and function of the psychotherapist-patient privilege, discuss different states' approaches to the balancing challenge, and propose that preserving the privilege creates the most effective, long-term balance. The article concludes with strategies on addressing privilege issues in custody cases.

Related Concepts

Trending Feeds

COVID-19

Coronaviruses encompass a large family of viruses that cause the common cold as well as more serious diseases, such as the ongoing outbreak of coronavirus disease 2019 (COVID-19; formally known as 2019-nCoV). Coronaviruses can spread from animals to humans; symptoms include fever, cough, shortness of breath, and breathing difficulties; in more severe cases, infection can lead to death. This feed covers recent research on COVID-19.

Blastomycosis

Blastomycosis fungal infections spread through inhaling Blastomyces dermatitidis spores. Discover the latest research on blastomycosis fungal infections here.

Nuclear Pore Complex in ALS/FTD

Alterations in nucleocytoplasmic transport, controlled by the nuclear pore complex, may be involved in the pathomechanism underlying multiple neurodegenerative diseases including Amyotrophic Lateral Sclerosis and Frontotemporal Dementia. Here is the latest research on the nuclear pore complex in ALS and FTD.

Applications of Molecular Barcoding

The concept of molecular barcoding is that each original DNA or RNA molecule is attached to a unique sequence barcode. Sequence reads having different barcodes represent different original molecules, while sequence reads having the same barcode are results of PCR duplication from one original molecule. Discover the latest research on molecular barcoding here.

Chronic Fatigue Syndrome

Chronic fatigue syndrome is a disease characterized by unexplained disabling fatigue; the pathology of which is incompletely understood. Discover the latest research on chronic fatigue syndrome here.

Evolution of Pluripotency

Pluripotency refers to the ability of a cell to develop into three primary germ cell layers of the embryo. This feed focuses on the mechanisms that underlie the evolution of pluripotency. Here is the latest research.

Position Effect Variegation

Position Effect Variagation occurs when a gene is inactivated due to its positioning near heterochromatic regions within a chromosome. Discover the latest research on Position Effect Variagation here.

STING Receptor Agonists

Stimulator of IFN genes (STING) are a group of transmembrane proteins that are involved in the induction of type I interferon that is important in the innate immune response. The stimulation of STING has been an active area of research in the treatment of cancer and infectious diseases. Here is the latest research on STING receptor agonists.

Microbicide

Microbicides are products that can be applied to vaginal or rectal mucosal surfaces with the goal of preventing, or at least significantly reducing, the transmission of sexually transmitted infections. Here is the latest research on microbicides.

Related Papers

Journal of the American Academy of Child and Adolescent Psychiatry
C P Malmquist
Child and Adolescent Psychiatric Clinics of North America
Stephen A Montgomery, David F Street
Psychiatric Services : a Journal of the American Psychiatric Association
Alisa Busch, Allison D Redlich
© 2021 Meta ULC. All rights reserved