Hughes v. Schatzberg

In challenging a final judgment modifying a custody decree and naming the father as primary residential parent of the minor child, the mother contends that the court abused its discretion on several issues. We affirm as to all issues, addressing only whether the trial court erred in permitting the child's therapist to testify without establishing a waiver of the patient-psychotherapist privilege. We hold that the mother had no standing to assert the privilege on behalf of the child, nor was the court required to appoint a guardian ad litem to assert the privilege. After a final judgment that provided for joint custody and shared parental responsibility of their child, the parties continued to dispute custody and visitation. In February 2002, the mother filed a petition to modify the final judgment, requesting that she be designated the primary residential parent. The father counter-petitioned, also asking to be the primary parent.