I suspect my daughter's father suffers from anti-social personality disorder. How do I get a Court Ordered Mental Health Eval?

Asked over 1 year ago - Seattle, WA

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?

Attorney answers (3)

  1. Kenan Lee Isitt

    Contributor Level 14

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    Answered . 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].

  2. Peter Jaret Abbarno

    Pro

    Contributor Level 12

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    Answered . 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... more
  3. Dave Hawkins

    Pro

    Contributor Level 20

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    Answered . 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... more

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