We had the opposite experience. The mom and done this and that, rehab, etc. but when it came right down to it, no one cared. They only cared about what she was doing RIGHT NOW. If she was clean now, that was good enough. If she was stable now, the past didn't matter. Maybe it depends on the judge. I don't know if there is an actual law about it.
My observation has been that client/patient confidentiality cannot be breached unless mandated by the court, in cases of severe abuse, murder, kid-napping, etc. And only the documents detailing treatment, plus unbiased testimony from therapists, et. al. can be used. Anything else is here-say, and left to the judge's interpretation...<br><br>
But it's also determined by your state laws.<br><br>
Example: a friend from Oregon had to sell her home, quit job, and re-locate to Mississippi for her custody trial, after her ex's fam kidnapped dd, and alleged that dd had been molested and her mom was using drugs. NONE of what was alleged held up after much scrutiny, as there was no prior history, documents nor witnesses to any such behavior. However, in MISS, had she been in any kind of treatment, that would have supported their claims, whether or not she was clean at the time of the trial. In OR it depends on the person's CURRENT state.