Custody evaluation release form

I am in a custody evaluation and the evaluator would like me to sign a release with my psychologist. I have told her a lot of things that may work against me. Not only that, but I think the opposing lawyer can depose my therapist? Does it look bad if I don't sign the release?

Fullerton, CA -

Attorney Answers (2)

Brett Ryan Wishart

Brett Ryan Wishart

Child Custody Lawyer - Irvine, CA
Answered

It may look bad if you do not sign the release, but it could be worse if you do. You know what you have said and it could work against you depending on the severity of it all. The opposing counsel may be able to depose your therapist if in fact you waive that privilege. But really, this is where having an experienced attorney in your "corner" is most beneficial. Consult with him or her regarding your concerns. You yet have options available.

Bruce Allan Boice

Bruce Allan Boice

Family Law Attorney - Orange, CA
Answered

There is a patient physiologist privilege so you don’t have to release your medical records. However, since you already told the evaluator why not release the records. It’s not supposed to go against you if you don’t but it gives the appearance that you are hiding something.

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