Divorce and family law cases sometimes get ugly. And, in ugly cases, it is not uncommon for one or both of the parties to have a personality disorder or other mental health condition. Under certain circumstances, a party's mental health is legitimately relevant to a proper determination of child custody or alimony. Many times, however, there are improper motivations for seeking confidential mental health records and information. Your family law attorney should know when this evidence is subject to discovery.
A party to a divorce or family law proceeding normally has the right to prevent disclosure of communications or records made for the purpose of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.
See Fla. Stat.
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Do I Have To Pay Alimony?
The short answer is: ?It depends.? Georgia law provides that alimony, or spousal support, may be awarded to one spouse in the event of a divorce or separation. At times, spousal support is awarded on a temporary basis before the divorce is final. Alimony...
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Can A Florida Court Extend Child Support Beyond Age 18?
The duty to provide support for a minor child is based upon the child's incapacity, both natural and legal, and the child's need of protection and care. See Kern v. Kern, 360 So.2d 482, 484 (Fla. 4th DCA 1978). Court have recognized that...
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Change In Child Custody Laws: Time-sharing In Florida
The Florida legislature recently enacted laws that abolished the concept of "primary" and "secondary" child custody as well as "visitation." The court system was overwhelmed with parents who were fighting not only about at whose home the child would spend...
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Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
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Human Rights - A Short Update
Council of Europe Report: The 6th Annual Report of the Council of Europe's Committee of Ministers has been published. It deals with Supervision of the execution of judgments and decisions of the European Court of Human Rights. Foreign...
Law and Rights