Divorce / Custody - Can Forensics Evaluation begin before Discovery is complete?

Asked 6 months ago - Brooklyn, NY

The judge ordered forensics to begin before Discovery is completed. My husband is concealing information that is relevant - he refused to answer questions regarding his mental health history and also refused to reveal the Trust Funds the children's grandfather left them which are his motive in seeking custody. Doesn't the Judge have to order Discovery completed before ordering forensics?

Attorney answers (3)

  1. David Zaslavsky

    Contributor Level 18

    2

    Lawyers agree

    Answered . I hate to disagree with a colleague, but discovery in matrimonial actions is solely for financial matters, while forensics deal with custody. So a judge can order both of them to be simultaneous.

    If you are in the middle of a complicated divorce matter, you need to hire an attorney if you have not done so already.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  2. Daniel Simon Hahn Szalkiewicz

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes. The forensic is essentially part of discovery. The forensic will look through all the discovery documents and will also look through additional paperwork.

    I would suggest asking your divorce lawyer for advice concerning the forensic.

  3. David Ivan Bliven

    Pro

    Contributor Level 19

    Answered . No - often times the forensic psychological evaluation proceeds before disclosure is complete. The reason is that generally disclosure is limited to finances - and thus is only relevant on those issues (i.e., not on the child custody issue, which is what the forensic psych is evaluating). Speak to a Child Custody lawyer in your area.

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