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The Psychotherapist Patient Privilege in an Orlando, Florida Divorce Case

What is psychotherapist-patient privilege in an Orlando, Florida, divorce case? This is a privilege in Florida Statute 90.503 that allows mental health patients to refuse the disclosure of confidential communications or records related to the diagnosis or treatment of their mental or emotional conditions. This includes confidential communication between the patient and their psychotherapist, psychologist, clinical social worker, marriage and family counselor, and mental health counselor licensed under state law. This also includes Baker Acts. You can find the full Florida statute 90.503-Psychotherapist-patient privilege here. 

Why is this relevant? In a divorce case, one spouse may have been diagnosed with mental illness and prescribed medication by a psychiatrist. That individual may not be seeing their psychiatrist or therapist as directed, and they may not have been taking their prescribed medication. This state may affect that individual’s ability to parent the children properly. The other spouse may have concerns. That spouse with the concerns may motion the court that the other party submit to a psychological evaluation. 

Usually, the person in counseling will refuse to release their records under privilege. The court then hears the issue of whether the individual must submit to a psychological evaluation. This determines if the case is in controversy and whether good cause is shown for the evaluation. 

There is a Florida Family Law Rule that entitles you to do this. The Florida Family Law Rule tells you regarding how and what you must prove in order to successfully request and obtain an examination of a person. That is Florida Family Law Rule 12.360-Examination of Person. Rule 12.360)(a) (1) states a party may request any other person to submit to or produce a person in that party’s custody or legal control for examination by a qualified expert when the condition that is the subject of the requested examination is in controversy. 

Examinations may include, but are not limited to, examinations involving physical or mental condition, employability or vocational testing, genetic testing, or any other type of examination related to the matter in controversy.    

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.