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Psychological evaluations stated that both parents are mentally capable of raising our child.

Miami, FL |

In a divorce, and child custody battle, results from psychological evaluations came out stating that we are both mentally capable of raising our child. However, my wife was once Baker Acted due to an over dosage of sleeping pills. My wife has crossed the border between mental sanity and insanity, and it when she crosses that I do believe she is perfectly capable of doing something crazy. Should I accept this just like that? I am worry about my child.

Attorney Answers 2


Without reviewing the pscyh eval it is hard to say. There is a lot that goes into a psych eval. Being Baker Acted once may have been situational. Or she may need to be on meds regularly. The fact of having once been Baker Acted does not alone show that she is "insane." You need to get an attorney to review all the facts of your case and discuss your options with you. Psych evals often contain recommendations, and her compliance with those recommendations would be extremely relevant.

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Iknow you are very concerned about the evaluation and your child, but this is the third time you've asked a variation on this question. You need to see an attorney, but you first contact legal aid and ask and see if you are income qualified. You can also read through the Miami Court Link I sent you and call the case management person and ask what the next steps are and if a Guardian Ad Litem can be appointed. If this ever gets to trial, it will go to mediation before and you can raise this issues again. You can also hire your own expert to evaluate your wife and the other expert's evaluation. All of this requires a lawyer help you. But in the end, both parties have a right to timesharing and parenting; it is a question of what that timesharing will ultimately be and what parenting responsibilities are assigned, either through agreement or decree.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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Heather Morcroft

Heather Morcroft


I was not aware that you had asked the question before. In light of Ms. Greller's comment, I would point out to you that even when a parent suffers from a mental illness, that is not a reason to deprive that parent of time with their child unless the parent is not being treated and/or it can be shown that the illness is or will with almost certainly be harmful to the child. The same is true of substance abuse. The fact that a parent has an illness does not automatically disqualify them from parenting or set up per se proof of harm. It is the illness causing the parent to harm the child that shows a reason to limit or cease contact.

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