Posted by Nydia Streets of Streets Law in Florida Child Custody
Evidence of a parent’s mental health may be considered when a Florida parenting plan is being established or modified. If a parent objects to his or her mental health records being admitted into evidence or explored, the court must decide if the objection is valid or if it should be overruled. In the case Brooks v. Brooks, 1D20-2346 (Fla. 1st DCA April 20, 2021), the former husband appealed a final judgment of divorce based on the court’s reliance on his disability records.
At a hearing on the issue of parental responsibility and time-sharing, the former husband was asked during his testimony whether he ever represented to a physician or insurance company that he was suffering from any issues related to anger. The former husband responded that he did not recall doing so. Over the former husband’s objection, photos of the former husband’s disability application and other related records were admitted into evidence showing the former husband had indeed indicated he was suffering from these issues. However, the trial court specified that they would be admitted under seal only for rebuttable and impeachment purposes. In the final judgment of divorce which granted the former wife ultimate decision-making authority as to all major issues affecting their child, the court noted its reliance on the disability application as evidence of the former husband’s mental health. The former husband appealed.
The appellate court noted from the outset: “A court’s decision to admit or exclude evidence is reviewed for abuse of discretion. Black v. State, 920 So. 2d 668, 689 (Fla. 5th DCA 2006). A court’s discretion is limited by the evidence code and applicable case law; an erroneous interpretation of these authorities is reviewed de novo. McCray v. State, 919 So. 2d 647, 649 (Fla. 1st DCA 2006).” In reviewing the trial court record, the appellate court determined it was error for the court to rely on the disability records as substantive evidence of the former husband’s mental health. Doing so, the appellate court reasoned, contradicted the trial court’s own ruling that the records were for impeachment and rebuttable purposes only, and the Florida Evidence Code § 90.107, Fla. Stat. (2020). Finally, the former husband challenged the trial court’s verbatim adoption of the former wife’s proposed final judgment, and the appellate court ruled “Because we reverse and remand with instructions to develop a parenting plan that does not consider Appellant’s disability records as substantive evidence of his mental health, we further require that the final judgment entered clearly reflect the trial court’s independent decision-making.”
If the mental health of either parent is an issue in your case, schedule a consultation with a Miami child custody lawyer to understand how the law may apply to your specific circumstances.