Mom Wins Fight to Keep Mental Health Records Confidential

Tennessee law case summary on confidentiality of mental health records in Tennessee divorce and family law from the Tennessee Court of Appeals.

Ashley Herman v Daniel Herman – Tennessee Divorce Law

Ashley Herman, Mother, and Daniel Herman, Father, divorced in 2009 after having one child. The parenting plan named the mother primary residential parent and provided the Father with two days and three nights a week with the child. However, due to the mental health problems of the Mother, she had several extended hospitalizations. During those times, the child stayed with the Father. In June of 2011, the Father petitioned the court to modify custody and child support as a result.

The Father alleged the Mother’s mental health issues had worsened over the last year and that she has not been compliant with medications or treatment for multiple personality disorder. He stated the Mother was hospitalized from October of 2011 to February of 2011 and again in June of 2011. He stated the child’s observation of this behavior is detrimental. He did not state which specific symptoms the child observed. He stated that the child’s best interest was to obtain more care from his Father. He stated this created a substantial and material change of circumstance.

The Father sought discovery of Mother’s mental health records though Mother objected. The trial court ordered that the records were to be filed under seal with the court clerk. The Mother sought appeal even though the trial enforcement of the trial court’s order was for two weeks. In March of 2012, the appeals court granted the application for extraordinary appeal and ordered the trial court clerk to transmit the record.

The Father states that the court must have these records to consider the mental health of the Mother and that this is required under Tennessee code. While the court does consider this factor when it relates to the child’s custody, it is not a license to disregard statutory privileges from disclosure.

The Father stated that he has not requested a mental health examination because he feels it will be more intrusive to the mother and may not provide a full understanding of the mental health issues of the Mother since it would require the participation of the Mother.

The appeals court noted that while it would be less expensive and faster to obtain records in this way, the Mother has the right not to waive her privileges and therefore the Father must determine if he wants to see mental health examination of the Mother.

As a result, the appeals court reversed the decision of the trial court to produce these records.

Ashley Herman v Daniel Herman, No. M2012-00395-COA-R10-CV (Tenn. Ct. App. May 9, 2012).

See original opinion for exact language.  Legal citations omitted.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues.  A Memphis divorce attorney from the Miles Mason Family Law Group can help. Contact the Miles Mason Family Law Group, PLC at 901-683-1850.