Disclosure of Medical Records and Mental Health Records in Child Custody Cases | Learn About Law

In this article, we explain the disclosure of medical records and mental health records in Illinois child custody cases. We answer the questions: “Why are medical and mental health records important in child custody cases?” and “what happens if the patient or therapist refuses to release medical records or mental health records in Illinois child custody cases?” We also explain how to obtain medical records in Illinois child custody cases and how to obtain mental health records in Illinois child custody cases.
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[@brentsmith3507]

What about someone who is an unmedicated schizophrenic? Can they stay unmedicated and keep primary custody of their children?

[@Learn-about-law]

Hi, brentsmith3507! Thank you for reaching out with your question. In Illinois, child custody determinations are based on the "best interests of the child" standard, as outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). The court considers a wide range of factors when determining what arrangement serves the child's best interests, including the mental and physical health of all parties involved. A parent's mental health condition, such as schizophrenia, does not automatically disqualify them from having primary custody of their children. However, the court will carefully evaluate how the condition impacts the parent's ability to care for the child. Specifically, the court will consider: Impact on Parenting Ability: The court will assess whether the parent's mental health condition affects their ability to provide a safe, stable, and nurturing environment for the child. This includes evaluating any history of erratic behavior, the parent's ability to make sound decisions, and the overall safety of the child. History of Compliance with Treatment: The court will likely consider whether the parent has been compliant with any recommended treatment, including medication. If a parent is unmedicated and their condition is well-managed without medication, the court may find that they are capable of maintaining primary custody. However, if the condition is unmanaged and poses a risk to the child, this could weigh heavily against the parent retaining primary custody. Expert Testimony: The court may also rely on the testimony of mental health professionals to determine the extent of the parent's condition and its impact on their ability to care for the child. Next Steps Seek a Mental Health Evaluation: It may be beneficial to obtain a mental health evaluation to demonstrate to the court that the condition is being managed appropriately, whether through medication or other means. Consult with an Attorney: Given the complexities of child custody cases involving mental health issues, it is crucial to consult with an attorney who can provide specific guidance on how to best present your case to the court. Document Your Parenting: Keep detailed records of your daily parenting activities, your child's well-being, and any steps you are taking to manage your mental health condition. This documentation can be useful in court. Please note that this response is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For specific guidance on your situation, feel free to reach out to us at 630.324.6666.

[@agent_ninety9]

Why are these public? Isn't that a violation of hippa? Are the public privy to these records?

[@caringlovetv6998]

Do you represent in California?

[@Learn-about-law]

Hi, we do not represent in California. If you need legal advice, please contact the California Bar Association for more info.