Posted by ksvt on January 14, 2001, at 16:49:33
In reply to Re:Update , posted by tdaneen on January 14, 2001, at 15:07:54
>tdaneen
Generally the laws on that kind of thing really vary from state to state. I'm sure this is not a test to see if you're mentally fit to be a parent, but an evaluation to see whether your mental illness should have a bearing on the decision of whether you should be the primary custodial parent. Check with your own attorney, but i'm sure you would have the right to counter a negative evaluation with your own or the testimony of your pdoc. Probably you could also submit testimony in a custody hearing from others who've had the opportunity to see you interact with your child, like neighbors, day care workers etc. I would also find out under what circumstances your soon-to-be ex can get the court to order you to submit to such an evaluation. If you don't simply agree to this, I would think they would have to make some sort of showing to the court that the evaluation is relevant and justified. I would hope that the mere fact that you have a mental illness would not be enough. How much time do you have before a likely custody hearing? I still think if things continue to go well pending the hearing, that will be as persuasive as anything concerning your current suitability as the primary custodial parent. Run all this by your attorney and let him (or her) know you don't want to be steamrolled just because you are viewed as being emotionally vulnerable. It's most important that you discuss this with your attorney because, different states really do deal with this kind of thing very differently. Hang in there and don't let the b______ get you down ksvt
The XTB's attorney wants me to submit to somekind of psychological testing to see whether or not I'm mentally fit to be a parent.
>
> Good God! I heard it with my own ears, but I still don't believe it.
>
> Does anyone know what the laws are pertaining to mental fitness?
poster:ksvt
thread:3759
URL: http://www.dr-bob.org/babble/social/20010105/msgs/3922.html