Family Court Issue: After carefully reading DSM IV and ISD-10, I am confident he meets the diagnostic criteria for anti-social, dissocial personality disorder. I also think that the disorder impairs his ability to parent my daughter who is 15 yrs old. I have some legal know-how, and am an excellent writer. I would like some advice about how to structure my argument in a memorandum which I will submit to the Court. How should I present this case in writing? What angle would you take?
Criminal Defense Attorney
Many people meet the vague diagnostic criteria for antisocial behavior, because many people are assholes. The DSM is not likely to carry much weight unless you have a psych involved. Your writing is superb, but many judges see a lot of good writing.
Stick to the facts. There is no "angle" or "structure" that works better than the truth. [caveat: talk to an attorney in person first].
You would need to file a Petition to modify the PP and file a CR 35 motion. You need to have all of your ducks in a row to avoid CR 11 sanctions for filing a frivolous motion.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
I agree with the previous answers. The court hears numerous allegations being thrown around regarding mental capacity and anti-social personality disorders. If the court does not agree with your assessment and order an evaluation, your option would be limited to filing a petition to modify the parenting plan and conducting discovery- CR 35. I wholeheartedly agree with the answer advising you to tread lightly to avoid CR 11 sanctions .
Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship. www.centralialaw.com