Mental Health and child custody

My ex-husband and I have a parenting plan that is part of a mediated Separation Agreement in which I have primary custody of our children while their father has about 65 overnights per year. I have about 300 overnights per year. It is signed and notarized, but was not part of a court order. He occasionally states that he is frustrated with the child support amount and would like to have 50/50 custody which would reduce the support that he pays. In the past three years, he has voluntarily committed himself to the psychiatric ward at a major medial center which lasted about one week each time. He seems to remember events differently than they happen. Are the mental health records something that can be obtained by my attorney?

A parent’s mental health records can be subpoena’d but the subpoena will require a judge’s signature and/or a court order before they can be released.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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