Mental-Health Issues in Florida Family Law, Part 2

In the second part of this series, we are discussing whether a person’s mental health issues are relevant to a family law case. In simple terms, this means that if a person’s mental health affects their ability to earn money or take care of a child, it may be important in a family law case. The law says that only relevant evidence can be used in a case, so it’s important to figure out if mental health is relevant before spending time and money on it. This is the second question to answer when evaluating mental health in a family law matter. When mental health is brought up in a court case, it’s usually about how it affects a person’s ability to earn money or to take care of their kids. If someone says their mental health is making it hard for them to work or parent, they have to show evidence to support their claim. The court might need to have a hearing to decide if mental health is really a problem in the case. It’s important for lawyers and their clients to gather as much information as they can to support their claims about mental health. If someone’s mental health is important in a court case, the next step is to learn about their mental health and how it affects their ability to work or take care of a child. There are three main ways to do this: ask for their medical or psychological records, have them examined by a mental health professional, or have someone do a social investigation. It can be hard to get someone’s medical records because they are private and personal. In Florida, there are rules called privileges that protect certain information from being shared in court. These privileges include things like doctor-patient or therapist-patient confidentiality. These rules are very strict and only certain privileges are recognized by the law. If someone wants to get access to these private records, they usually have to ask the person’s permission or show that the information is really important for the case. If a person uses their mental health as a reason for their case, they might have to share their private information too. If someone wants to see your private medical records, it’s important to be careful about agreeing to it because it might waive your right to keep them private. So, it’s important to talk to a lawyer if you’re not sure what to do. If something really bad happens to a person, like a serious suicide attempt or being hospitalized for mental health issues, that person may not be able to keep their conversations with their therapist private in court. But the bad thing has to be pretty recent, not something that happened a long time ago. And it has to be something that would actually affect the court case, like their ability to take care of a child. In family law cases, a party can be asked to undergo an examination by a qualified expert to help with the court case. This can be requested under Fla. Fam. L. R. P. 12.360 or through a social investigation under F.S. §61.20. The type of examination will depend on the issue in the case, such as a psychiatric or psychological evaluation. Both parties have the right to know which rule is being used to request the examination. Rule 12.360 has different procedures for physical and other examinations. A physical examination can be requested like a request for documents or questions. The request must specify the time, place, and other details of the examination. The party being examined must respond within 30 or 45 days, stating if they will allow the examination and the reasons for any objections. It’s best to schedule the examination after the response deadline to avoid paying fees for canceling the appointment. If someone wants to have a mental health examination done on another person in a legal case, they have to ask the court for permission. The person being examined has to be given notice of the request and any court orders about the examination. The court order has to include details about where, when, and how the examination will take place. The person asking for the examination has to have a good reason for it, not just because they think it’s relevant to the case. If they can’t show a good reason, the court can’t make the person get examined. The law recognizes that medical examinations can be very personal and private. The court can set rules to protect the privacy of the person being examined. The person being examined can also ask for a copy of the examiner’s report. This means they have to give up their right to keep their medical information private. But, they can also request a copy of any other examinations of the same condition. If they want to keep their medical information private, they can try to get the report or take the examiner’s deposition using the regular rules of procedure, not the ones for examinations. Social investigations can be done by the court to understand what is best for the child in a custody case. The court can appoint someone to do this investigation and make recommendations, but the court doesn’t have to follow them. These investigations can be expensive, so the court should consider the costs. The judge has the final say in the case, not the person who did the investigation. If a parent’s mental health is affecting their ability to take care of the child or make money, the court will decide what should be done based on the specific situation. Parents have a constitutional right to have a meaningful relationship with their children. If someone wants to limit that right, they have to ask for it in court. Everyone involved has to have notice and a chance to speak up about it. Any limitations on a parent’s time with their child should have specific steps for the parent to follow to get their rights back. The court also has to think about the costs of the limitations before deciding. Family law attorneys have a responsibility to treat everyone fairly and respectfully, especially those dealing with illness. They should educate themselves and their clients about mental health and the law. This article discusses the scope of family law in Florida. It focuses on cases related to marriage, divorce, and child support. It also mentions how mental health issues may be relevant in certain family law cases, such as when determining alimony, but not in cases involving custody of children. The article includes references to specific court cases to support its points. In family law cases in Florida, a parent’s mental health can only be questioned or tested if there are legitimate reasons and evidence to do so. Past issues with substance abuse or mental health treatment may not be enough to require testing, and allegations of instability or past history should be relevant to the present situation. In one case, a court reversed an order for testing because there were no verified allegations or good reasons for it. The court focuses on whether a parent’s actions have or will likely have a bad impact on the child. In one case, the court had a hearing to decide if the wife’s suicide attempt affected her mental health. In another case, the court said a hearing might not be needed to make a decision. In Florida, there are different ways to handle parenting issues in court. There are also rules about keeping medical information private. This information talks about the privacy of conversations between a person and their therapist. It says that in Florida, these conversations are usually private and can’t be forced to be shared in court. There are some exceptions, like if a person’s mental health is brought up as part of a legal case. But in general, these conversations are meant to be private. The references are about different court cases and rules for family law in Florida. In simple language, it’s talking about how the court decides who gets custody of a child in a divorce. It mentions that the court can order evaluations of the parents and the child to help make this decision. It also talks about different court cases where certain behaviors of the parents were not considered to negatively impact the child’s well-being. The article discusses Florida Family Law Rules regarding the examination of parties in family law cases. It explains the rules for when and how someone can be examined by a doctor, and the importance of following these rules in court cases. It also mentions the use of expert testimony and the rights of the parties involved in the examination process. This passage talks about how the court decides on custody and visitation rights for parents. It mentions that certain experts need to be qualified to give their opinion in court, and it also discusses different cases where the court made decisions about parents’ rights. It also mentions that visitation rights cannot be conditioned on the payment of financial obligations. Sarah E. Kay, a board-certified lawyer in marital and family law, provides legal services to families in Florida. She also helps other lawyers by doing research, writing, and consulting. She thanks Jennifer L. Mockler, a psychologist, for her help with this article. This article was written on behalf of the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/mental-health-issues-in-florida-family-law-part-2/