My question involves a marriage in the state of: TX
I am heading to divorce from my wife of 5 years, and a custody battle over our 3 year old daughter.
After unsuccesfully trying couples therapy for her severe depression, the therapist told me on the phone that my wife has mental disorders (BPD, bipolar) unrelated to me that prevent her from escaping her depression, which would greatly adversely impact her parenting ability. I plan to use her mental illness to gain custody when the time is right to move forward with an attorney.
How does it work to get the therapist to testify to the court about my wife's mental condition? Do I ask the therapist do do a favor and testify? Would the therapist need to be paid? Or would a subpoena simply require the therapist to divulge what she told me? Do HIPPA laws apply?
The therapist was actually HER therapist paid by her insurance although I was brought in for couples therapy, so I'm wondering how HIPPA restricts what the therapist can tell me or the court.