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How to prove Munchausen by Proxy?

Lubbock, TX |

My husband filed for visitation a little over a year ago. Literally two weeks after he filed, the child's mother then started taking her to the doctor for EVERYTHING. She is a nurse as well. The 3 1/2 year old child has multiple psychologists, goes to a chiropractor, an allergist, and the list goes on. We are ordered to pay 1/2 of all medical charges. I literally just wrote a check for $500 for 2 weeks worth of bills (so $1000 total after ins). When we have the child, there is literally nothing wrong with her. Supposedly she is autistic and other things, but with us she is a normal child. The time frame is suspicious and so is the amount of bills. Each month averages our 1/2 of bills at $350 and most of that is just can we being to prove munchausens?

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Attorney answers 2


First of all you will be assiduously gathering, collating and filing all medical records with the EOBs and payment evidence. After you have satisfied yourself that the doctors are finding nothing substantial, hire a psychiatrist to review it all. Offer to sign releases with all the child's care providers to allow the providers to answer the psychiatrist's questions. Simultaneously start working with a very experienced family law practitioner with disability expertise to obtain the court order to require mother to submit to psychiatric examination.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.


Ms. Sinclair delivered a most excellent answer. And really, in my experience of Texas family law courts (over the last 12 years), you don't really need to prove Munchausen by Proxy in order to justify a modification of the orders, to obtain primary conservatorship or iplace an injunction on the mother. It may not be necessarily Munchausen's, but could also indicate the mother's pathological use of the child through medical professionals to strike back at the father financially. There, you don't need to prove up a psychiatric disorder. But still, Attorney Sinclair's advice is extremely sound--bring that information to a psychiatrist for an evaluation. That evaluation would be well worth the money.

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.

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