ADHD and family court in New York: custody and your records

Parents with ADHD who are going through a divorce or a custody case in New York often worry that the diagnosis, or the medication, will be used against them. New York courts decide custody by the child's best interests, and a parent's mental health is one thing they may look at. A diagnosis is not the deciding factor on its own. This page explains the legal standard, how courts treat a parent's mental health and treatment records, and practical steps, as of October 2026. It is general information, not legal advice. A family law attorney can tell you how these rules apply to your case.

The standard: the best interests of the child

In divorce and custody actions, New York Domestic Relations Law section 240 directs the court to enter custody orders as, in its discretion, justice requires, having regard to the circumstances of the case and of the parties and to the best interests of the child. Family Court custody cases under Family Court Act article 6 apply the same best-interests test.

Appellate courts describe the factors this way. In a 2024 decision, the Appellate Division, Third Department, said Family Court must consider factors such as the quality of each parent's home environment, the need for stability in the child's life, each parent's willingness to promote a positive relationship between the child and the other parent, and each parent's past performance, relative fitness and ability to provide for the child's intellectual and emotional development and overall well-being.

Notice what is on that list: how a parent actually functions as a parent. A diagnosis is not on it.

How a parent's mental health comes into a custody case

The Third Department put it directly in a 2008 case: "Although not determinative, the mental health of a parent is necessarily relevant in every custody/visitation proceeding." In practice that means a parent's ADHD can be raised, but the question is how it affects parenting, not whether the label exists.

The best-interests factors above point to what courts examine: the home environment, stability, past performance and the ability to meet a child's needs. A parent with ADHD who handles routines, school, appointments and safety reliably is showing exactly those things.

Can the other side get my mental health records?

New York protects communications with physicians, nurses, and psychologists by statute:

• Physicians and nurses. Under CPLR 4504, unless the patient waives the privilege, a physician or nurse may not disclose information acquired in treating a patient that was necessary to provide that treatment.
• Psychologists. CPLR 4507 places communications with a licensed psychologist on the same basis as those between attorney and client.

Custody cases are a setting where those protections can give way. In the 2008 Third Department case, Matter of Armstrong v Heilker, the Family Court first ordered a mother's mental health records sent only to the court for its private (in camera) review, before deciding what else to do. The appellate court then held that if a forensic mental health evaluation was needed, the court had to choose an independent or neutral psychiatrist or psychologist, not an expert picked by the other parent. The court also had to decide which records that professional would see, what access the parties and lawyers would have to the report, how it would be used at trial, and who would pay.

Two practical points follow:

• Court-ordered evaluations. Family Court Act section 251 lets the court order a parent to be examined by a physician, psychiatrist or psychologist appointed or designated by the court. These forensic evaluations are separate from treatment, and the evaluator works for the court, not for you.
• Subpoenas to your clinician. Under the federal HIPAA Privacy Rule, a provider may disclose health information in a court proceeding in response to a court order, limited to what the order expressly authorizes, or in response to a subpoena only with certain written assurances about notice to the patient or a qualified protective order (45 CFR 164.512(e)). A subpoena on its own does not automatically release your chart. Ask your attorney before you or your clinician respond to anything.

Day to day, your clinician still generally needs your written authorization to share records with anyone outside your care. The general rules are in who can see your ADHD diagnosis in New York.

When the dispute is about a child's ADHD

Disagreements about a child's ADHD treatment can themselves change a custody arrangement. In Matter of Michael T. v Dana U. (2024), the parents shared joint legal custody but disagreed about giving the child prescribed ADHD medication at school. The Third Department agreed that their inability to agree on medication and school decisions was a change in circumstances, and upheld an order keeping joint legal custody while giving the mother final decision-making authority on health, education and welfare when the parents could not agree.

Dr. Shershow's practice sees adults only, so questions about a child's evaluation or medication belong with the child's own clinician.

Practical steps for a parent with ADHD

1. Get a lawyer, even if money is tight. Under Family Court Act section 262, a parent seeking custody or contesting a substantial infringement of custody in Family Court has the right to counsel, including court-assigned counsel if the parent cannot afford one.
2. Keep treatment steady. Stopping or changing treatment because of a court case can make day-to-day functioning harder. Make medication decisions with your prescriber, not around court dates.
3. Know what is in your own records. New York Public Health Law section 18 gives you the right to inspect and get copies of your own medical records, with limited exceptions. See ADHD documentation for work, school and exams for what a summary letter usually contains.
4. Ask for accommodations in court if you need them. The New York State Unified Court System follows the Americans with Disabilities Act and has a request process for accommodations, with local ADA coordinators.
5. Use systems that show reliability. Shared calendars, written handoff schedules and reminders for school and medical appointments help with ADHD and also make parenting time easier to document. Ideas are in parenting when you have ADHD.

Where Dr. Shershow's practice fits

Dr. John C. Shershow, M.D. is a psychiatrist who focuses on adult ADHD and sees adults located in New York or New Jersey for evaluation, treatment planning, medication management when appropriate and ongoing follow-up. A treating psychiatrist's role is your care. A court-ordered custody evaluation is a different, forensic role. If you are in a custody case and have questions about records or letters, call the office to ask how requests are handled, and speak with your attorney first. If ADHD has never been formally evaluated, a careful evaluation by an adult ADHD psychiatrist can clarify what is and is not going on. For related rights questions, see ADHD and professional licenses in New York.