Can your therapy be used against you in a custody case? It's one of the most common fears we hear, and it keeps far too many parents from getting help they need right when they need it most.
New York matrimonial and family law attorney Lisa Zeiderman returns to Been There Got Out with an honest answer. When custody is at issue, your mental health records can often be subpoenaed. But the parent who gets treatment, stays consistent, and shows insight is usually in a stronger position than the parent who avoids help. As Lisa puts it, it's not about the diagnosis; it's about compliance.
Lisa also explains which parts of your records are usually protected, the safeguards your attorney can ask the court for, and why pulling your child's therapist into your case can do real harm.
WHAT YOU'LL LEARN
✅ Why custody cases can open your medical and mental health records
✅ Why avoiding therapy can hurt you more than any diagnosis
✅ What courts look for: honesty, consistency, and treatment compliance
✅ The difference between a therapist's private notes and your records
✅ What's usually discoverable: diagnosis, attendance, and medication
✅ Safeguards to request, like in camera review and attorneys-only access
✅ How motions to quash or limit a subpoena work
✅ Why subpoenaing your child's therapist should be a last resort
✅ How a stipulation can keep your child's therapy out of court
✅ How to respond when your ex keeps calling you "crazy"
ABOUT LISA ZEIDERMAN
Lisa Zeiderman is a managing partner at Miller Zeiderman LLP, a matrimonial and family law firm serving Manhattan, Westchester, Brooklyn, Long Island, and the Hudson Valley. Since 2013 she has grown the practice from four people to about 55, with a focus on complex litigated custody cases and high-net-worth divorce. She is a Certified Divorce Financial Analyst and a founding member of the American Academy of Certified Financial Litigators, and she recently co-authored a New York Law Journal article on mental health records in child custody cases. This is her second conversation with us, and she's known for walking into negotiations and courtrooms prepared.
CONNECT WITH LISA ZEIDERMAN
🌐 Blog: https://lisazeiderman.com
⚖️ Miller Zeiderman LLP: https://mzwnylaw.com
📧 Email: lz@mzw-law.com
🎧 Lisa's first BTGO episode: https://youtu.be/av0yq0fg7yo
BEEN THERE GOT OUT RESOURCES
📖 When Your Ex Turns the Kids Against You: https://beentheregotout.com/book2
💬 Strategic Communication Course: https://programs.beentheregotout.com/strategic-communication
📝 Blog: https://beentheregotout.com/blog
📱 Instagram: @been_there_got_out
🎙️ Podcast: https://beentheregotout.buzzsprout.com
This episode is educational and isn't legal advice. Lisa practices in New York, and procedures and terminology vary by state and country, so talk with a licensed attorney where you live about your situation.
#CustodyBattle #MentalHealthAndCustody #TherapyRecords #HighConflictDivorce #FamilyLaw #ChildCustody #CoParenting #NarcissisticAbuse #ParentalAlienation #DivorceAdvice