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Almost every family law attorney has had a custody case where either his/her client or the opposing party has suffered from some kind of mental health condition. In those cases, the big question is when, if ever, a litigant's mental health records are discoverable. The Pennsylvania Superior Court recently addressed this issue and found that, absent an express waiver by the litigant, a party cannot be compelled to disclose the records. Instead, the trial court must find the least intrusive means to establish how a parent's mental health condition affects his or her ability to parent.
The Trial Court's Opinion
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