Mother May Lose Parenting Time Because She Refused Mental Health Treatment

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There’s nothing wrong with having mental health issues but if you are in a child custody case it’s important that you are getting the treatment that you need & follow those treatment plans.
In this case my client believes the mother has had these mental health issues & because she had not been treating them, she was placing the children in dangerous situations, negligent & in some cases reckless in her conduct. My client believed that when the children were in her care they were in danger of serious harm or injury. So he wanted to limit her parenting time.
One of the first things the court ordered was for both parties to meet with what is called a court appointed advisor. This advisor is like an investigator or a researcher & they look into allegations. & was looking for was information for the allegations that my client was making in terms of his wife’s mental health. There had also been some domestic violence perpetrated against my client by his wife. The advisor issued a report & recommended that the wife submit to a mental health evaluation. We got to the time of the trial & she hadn’t done the mental health evaluation.
Before the trial date the wife went to the mutually agreed upon doctor for her evaluation. One of the requirements of the judge was the mom provide that first court appointed advisor’s report to the doctor doing the evaluation. The wife did not provide that report which resulted in the doctor initially issuing the opinion that the wife did not have any mental health issues & that she was not a danger to herself, her children or to others.
But then it was shown that the wife did not provide that report to the doctor as ordered by the judge, so she then provided the report to the doctor so he could revise his opinion. Once he saw that report he was upset because he felt he had been manipulated by the wife with her failure to disclose this report. Upon reviewing the court appointed advisor’s report, the doctor changed his report & thought there was a strong possibility that the wife was suffering from either bi-polar disorder or schizophrenia. He recommended a variety of different things one of which was supervised visitation &/or discontinuing wife’s parenting time until she got a forensic psychiatric or psychological evaluation.
Another thing the court had ordered was after the wife had done the mental health evaluation, the parties would meet with what is called in Arizona, a ‘parenting conference provider’ whose job is to provide more information to the court on the issues of the case & best interest factors. Upon reviewing the court appointed advisor’s report & the doctor’s report & talking with mother & mother’s failure to be upfront with the parenting conference provider, the mother could be suffering from a significant mental health condition.
We now have 3 different opinions from 3 different professionals 2 of which recommended that the mother’s parenting time be supervised or suspended. My client originally was requesting the mother’s parenting time be limited to every other weekend but he now has changed his opinion & wants supervised time as recommended in the mental health professional’s reports. You may learn information that changes your position & the safest way to handle this is to put the judge, other party & other party’s attorney on notice that your position has changed.
The rules will be different in each state so if you are going to change your position, Google ‘amendment of pleadings’ for your jurisdiction either in civil procedure or family law procedure because if you don’t follow those rules there is the possibility the court will not allow you to change your position. However, the judge in my case will also look at the best interest of the child & in my case you had 3 mental health professionals saying that equal parenting time was not in the best interest of the child. Thus I don’t see the judge ignoring these recommendations but in your state it may be different, so the best thing to always do is follow the rules of the court.
Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom.
Facebook: / commandthecourtroom
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*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case. #custody #custodybattle #childcustody #custodyrights #custodycourt #custodycases #custodylawyers

Опубликовано:

8 сен 2024

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Комментарии : 7

@lavdoshgjuzaj4882 7 лет назад

This is my story, Aside mother's from mental health I have numerous videos audio and photographs the mother injuring the children. living together with the mother I asked for child custody in 2013, the mother caught under alcohol influence was placed in acs programs, and i got separated form my child. the children in general go wth the mother. Even after the programs the mother was drinking more than before. and thats where she started an affair with the acs worker, witch was never reporting anything to the family court, for changes to be made. after 6 months of the mother abusing children, getting drunk leaving the children alone, i stood up on the family court and told the Judge " your Honor, the mother is having an affair with e Acs worker in exchange for good recommendation to the court. Everyone was in shocked. he was replaced and a lady was placed that was worst than him. they were holding sides after they learned about my report to the judge. they wanted me to go to programs, I went in the evaluation and recorded the visit, I knew they will forge it, different things I said there, different things were written on the paper. So I went for another evaluation in another hospital and the result are different from the one they sent me to, they were shocked to see the new results, They never expected I will do that. The case was dismissed after the mother did not appear in the curt where the acs bitch was arguing with the judge for 20 minutes. I applied again this august and here we are 3 years later, nothing is done, the abuses beating neglects are never reported to the court, I am making a movie with all these shocking events, and I think i will send it to the new judge on the case to see and maybe she can intervene. Any advice Ms Hernandez? what to do if the acs is against you? how to really let the judge know the imminent danger without waiting years on the court?

@TheDoveNestMansion 8 лет назад

Excellent points... Question... Probably a great topic for another video. What are the vices needed to warrant/mandate a psychological evaluation by a forensic evaluator? ( just a affidavit from the one petitioning for eval or supporting evidence needed to warrant eval?) and how do you stop the invasion of privacy by the courts mandating a eval?

@meganwatson5540 5 лет назад

I love your content and examples of how common and complicated family court issues can be resolved. Although high conflict cases have a tendency to take sometimes years to resolve, your input matters and serves an important role in shifting perspective for parent litigants, both represented and pro se. I have followed your videos for years and have also found “The Proper Person” channel to also be helpful relating to litigation against personality disordered parents. Thank you for the value you add and your ongoing contributions.