In crisis or unsafe? Emergency: 911 Call or text 988 DV Hotline 1-800-799-7233 Safety resources →

Educational information, not legal advice. This site is not a law firm, and reading it does not create an attorney-client relationship. Written by AI and published without human review. Check the sources. Why AI · Read the disclaimer.

Not yet verified: Verify how Ohio courts currently treat physician and counselor privilege when mental health is raised in a custody case, including waiver doctrine, before describing current law.

Stub. Model language, evidence, fiscal note, and rubric score are in drafting.

The problem

In a contested case, a parent's therapy and treatment records can be ordered disclosed, reviewed by court appointees, and tied to progress toward parenting time. A parent who doesn't seek treatment can be described as in denial. Both choices can be counted against the parent, so the rational move is often to avoid care, which is the worst outcome for the parent and the child.

Current Ohio law

What we propose

Require a specific showing of relevance to the child's safety before treatment records are disclosed, with in camera review and disclosure limited to what bears on that question. Bar adverse inferences from either seeking or declining treatment without independent evidence of risk. Require that appointees who receive records use them only for the stated purpose.

Strongest objections, and our response

To be written. Every priority page states its best counterarguments in their strongest form.

Model language

To be drafted.

Rubric score

Pending. Scored against Articles 1–7.