Disclosure of Medical Records and Mental Health Records in Illinois Child Custody Cases

Video by Attorney Kevin O’Flaherty

Article written by Illinois Attorney Kevin O’Flaherty

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.

Why are medical and mental health records requested in child custody cases?

In any child custody case, the court endeavors to reach a decision in “the best interests of the child.” Along with other factors, parental health is important when deciding the home in which to place the child. Any illness has to be carefully examined to determine the impact it may have on caring for a child full-time and the stability the parent can provide in their home. In particular, mental health issues play a significant role in custody decisions.

For some foundational information about Illinois child custody laws, check out: Illinois Parenting Laws 2019. For more on the written discovery process generally, check out: The Written Discovery…