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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

  1. 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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  2. 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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