I am involved in a custody dispute in NC. One of the issues has been my concerns over the mother’s sexual attitudes and exposing the child to inappropriate sexual situations. My child has made several comments indicating such. DSS (useless) was involved in March and did an exam. There was no evidence of physical abuse. Several months ago, mother’s story changed from ‘he sees sexual abuse everywhere’ to ‘he’s sexually abusing my daughter’… The child is examined again: there’s an ‘injury’ to her hymen. In her claims to the child’s pediatrician, mother left out some very important facts. The most important being that the child was seen by a counselor every visit she was with me.
Also, mother is a licensed professional counselor. For several months, in court documents, conversations with DSS, etc., she has claimed I’ve been diagnosed with depression and bipolar disorder, among other things. I have never been diagnosed as having any of these conditions.
I would like to bring action for these items outside of our custody dispute (possibly in another county – there’s MORE). As an LPC, there are requirements for the formation of diagnosis. I am fairly confident that I have the facts and evidence to prove she made these statements and that she knew or should have known they are false. I am wondering, since this involves her conduct as a counselor, could I sue and/or collect from her malpractice insurance carrier?