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My exhusband imagines things and has been sometimes irrational and depsressed. he has been saying i'm withholding the kids when

Trenton, NJ |

i don't, stuff like that. I know a doctor has been treating him and he's on psych medication. he has the kids unsupervised every other week. do i have a right to ask or know his diagnosis? i didn't know the extent of his problems during the divorce and its a year later and i am wondering, our kids are young and it would be good to know what he suffers from. he lies about stuff but so far has not done any harm, so i wonder if my hands are tied.

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Filed under: Divorce Court orders
Attorney answers 3


You certainly do. But you'll only get it through a court order. You need to make an application to the court. And provide all the relevant details.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.


The Court will balance his right to privacy about his medical condition with the need for it to be disclosed to protect the children's safety and well being. You will need to show a change in circumstances since the divorce or that he failed to disclose this at the time of divorce and it was relevant or is relevant now. The focus by the Court will be on his behavior with the children and whether they are now at risk. Ask him directly first and then make the Court application. If the Court sees the potential for harm, it will require him to disclose his condition. If the Court is concerned, it may order disclosure only to the Court for in camera review by the Court first before deciding to disclose to you. In the meantime you should take steps to teach your children how to respond if they find themselves scared or in a situation they need help when they are with him.


You would need to get a court order in order to get any of this information. The Court will decide on your rights versus his rights to privacy. You should speak to an attorney soon, for help with this complicated issue. Best of Luck!