The following excerpt is from Dwayne G., Matter of, 411 N.Y.S.2d 180, 97 Misc.2d 333 (N.Y. Fam. Ct. 1978):
It is noteworthy, that in custody cases, where the best interest of the child is similarly the guiding principle, courts have found that a statutory privilege of confidentiality must give way to protect the best interests of the child, upon a proper showing that disclosure of the privileged matter is "necessary and material" to a resolution of the issue before the court. As stated by the court in Perry v. Fiumano, 61 A.D.2d 512, 519, 403 N.Y.S.2d 382, 386 (4th Dept., 1978):
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.