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Soon to be Ex Wife recently go referred to a metal health professional (Psychiatrist).

Irvine, CA |

My soon to be Ex Wife got referred to a Psychiatrist for sever mental health issues concerning her inability to Co-Parent, control issues, poor self being, unrealistic expectations of life, and so on; the list is long. My question is how will this look on her during our child custody case being that she has majority custody at this time. If she is diagnosed with postpartum psychosis or something close to it or something mental related can she or will she lose custody of our little one?

Attorney Answers 2

Posted

Her mental health issues would certainly be a factor. A lot depends on how she is treated for them and what the prognosis is. A lot also depends on how these issues are presented to the court. You don't say anything about how she was referred but it sounds as if it might be through a court case. Is this a divorce case or a case where the state is involved with the child's custody? If it is the first, then you have to take an active role in presenting the information, whether that is through an attorney, or if you are doing it on your own. If it is the latter, then you may have a court appointed attorney, and if that is the case, you should discuss the situation with that attorney.

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4 lawyers agree

7 comments

Asker

Posted

The recommendation to a mental health professional came from a 730 evaluation, she is to start on that soon also per the evaluators recommendation there is no set amount of time she is to go to a shrink. What are the chances I can turn this around and get my little one out of this mess?

Heather Morcroft

Heather Morcroft

Posted

I don't know what a 730 evaluation is, is that in a criminal matter? I need to know what kind of case you are involved in.

Heather Morcroft

Heather Morcroft

Posted

You are in CA and I am a Florida lawyer.

Heather Morcroft

Heather Morcroft

Posted

I'm sure you can use her mental health issues to your advantage in a custody case, but you will need to be represented.

Asker

Posted

I do have legal representation and she is awesome, but shes expensive and I do not want to be a bother to her too much. To answer your question a 730 evaluation is a child custody evaluation, and that is where she was recommended for professional help. But thank you for your help!

Heather Morcroft

Heather Morcroft

Posted

Ok. It sounds like your question is more specific and most suited to your lawyer. But generally if a parent has severe mental health issues, it makes it harder for them to care for their child on a day to day basis.

Hillary Johns

Hillary Johns

Posted

Right. The standard in California is the best interests of the child which includes their health, safety, and welfare. It's great that you have a lawyer you think it awesome. That important. Although, since you are represented by counsel, it's wise to speak with your lawyer so you don't waive the privilege and because it would be inappropriate for a lawyer on Avvo to give you a comprehensive answer. My suggestion: prepare a list for your lawyer and you can ask her questions as to how to proceed. It sounds like she's doing a fantastic job in a very difficult case.

Posted

You may want to request a custody evaluation as that is the best way to insure that medical records are considered in your case. Generally medical records are confidential and not typically admissible in court which makes it difficult to get that information before the court so it can be considered.

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3 comments

Asker

Posted

The recommendation to a mental health professional came from a 730 evaluation but she still maintains 90% legal and physical custody. Sucks to be a man in this day and age.

Asker

Posted

So if her medical records are now considered in court and she is under professional help, is it too far fetched to maybe turn the tables on her per say? How difficult is it to do that?

Asker

Posted

Getting ahold of those records might involve paying her mailbox a visit. Just saying.

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