In contested timesharing cases we work with our clients to determine what timesharing factors under Florida law are going to be pivotal in the Court’s ultimate decision on a parenting plan. Some of our firm’s cases involve concerns with the mental health of a parent. Under Florida Statute section 61.13 a parent’s mental health is one of many factors to be considered by the Court in its decision on a parenting plan. As a consequence, many people assume that a parent’s mental health or psychological records are always fair game. This is not necessarily the case as the Court must balance a parent’s privacy concerns versus whether an extreme condition exists or that a calamitous event has occurred at such a level that the disclosure of a party’s medical record is warranted. For example in Brooks v. Brooks, 239 So.3d 758 (Fla. 1st DCA 2018), the First District Court found that a parent’s mental health records were not discoverable despite evidence of domestic violence in the relationship. Our firm can navigate you through this difficult legal issue and help you determine the likelihood that mental health records will be admitted and how they will have an impact on the Court’s ultimate decision. We can evaluate your case, apply past Court decisions to your unique circumstances, and let you know how the law applies to your children’s best interests in the eyes of the Court. This advice is not something you can pick up from a web search. It has been gathered only through our extensive personal trial experience. If you have a timesharing question please contact us for a no-cost case evaluation.
