Can Therapy Notes Be Used in Maryland Divorce or Custody Cases?

Divorce and custody disputes are often deeply emotional. When one or both parents are in therapy, questions sometimes arise about whether a counselor’s notes or mental health records can end up in court. In Maryland, the answer is not simple. While therapy notes are generally protected, there are situations where they may be requested, challenged, or even admitted.

Why Therapy Notes Matter in Family Law Cases

Therapy records can include sensitive details about a person’s emotions, struggles, or past experiences. In a divorce or custody case, one parent may believe those notes are relevant to issues of parenting capacity, stability, or the child’s best interests. 

However, because Maryland courts focus heavily on what serves the child’s welfare, mental health evidence can sometimes play a role. But the law also strongly protects the privacy of communications between patients and their therapists.

The Psychotherapist-Patient Privilege in Maryland

Maryland recognizes what is known as the psychotherapist-patient privilege. This privilege allows a person in therapy to keep their communications with a licensed counselor, psychologist, or psychiatrist confidential. The idea is to encourage honest, open dialogue without fear that private thoughts will later be used in court.

In general, therapy notes cannot be disclosed without the patient’s consent. If a spouse or co-parent subpoenas these records, the therapist can object by asserting privilege on the client’s behalf. Judges are often reluctant to override this protection because it goes to the heart of mental health treatment.

When Exceptions May Apply

There are, however, exceptions. Courts may consider ordering disclosure if:

• The patient puts their mental health directly at issue. For example, if a parent claims that therapy shows they are now stable and fit to care for the child, that may open the door to cross-examination and record review.
• The safety of a child is at risk. If therapy notes contain information suggesting abuse, neglect, or serious danger, a judge may find that disclosure is necessary to protect the child.
• Custody evaluations are involved. In some cases, a court-appointed evaluator may request access to mental health records, though this is often done with consent and limited scope.

Even in these scenarios, courts usually try to balance privacy with the need for evidence. A judge may review therapy notes privately (known as in camera review) before deciding what, if anything, should be shared with the other side.

Distinguishing Notes from General Records

It is also important to understand that “therapy notes” can mean two things. Progress notes in a medical file may contain appointment dates, medication details, and general observations. Separate psychotherapy notes often include the therapist’s private reflections, impressions, or analysis. Under both federal and Maryland law, psychotherapy notes receive the highest level of protection. Judges are particularly cautious about allowing that into evidence.

Practical Considerations for Parents

For parents in the middle of a custody or divorce case, the thought of therapy records being used in court can be unsettling. A few points can help provide clarity:

• Entering therapy is usually seen as positive. Judges do not assume that being in counseling is a sign of weakness. On the contrary, it may reflect a commitment to growth and stability.
• Do not withhold therapy from children out of fear of disclosure. Courts want children to receive the support they need. Judges generally do not punish parents for seeking professional help for their kids.
• Speak with your lawyer before raising mental health issues in court. What you introduce can sometimes open the door for the other side to seek related records.

Contact Our Legal Team Today

If you are facing these questions, guidance from an experienced Maryland family law attorney is essential. At RPM Law, we help parents understand what therapy records may mean for their case, protect their rights to privacy, and keep the focus where it belongs—on the best interests of the child.

Reach out to RPM Law today to discuss your situation and find the support you need.