Psychological evaluation

Dear nwkltl:

Greetings. How old is the child? Is the child is treatment? What is the visitation schedule?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

The child is 10, she had been in counseling when the divorce first took place, but my husband was not permitted by her mother to have access to her medical records despite a court order saying that parents should communicate all medical and educational information to each other. At one point the ex told my husband that their daughter wanted to committ suicide, but would give him no other info than that. My husband and myself tried desperately, but to no avail to talk to her mother, doctors, anyone that could shed some light on what was going on. More than a week later, ex claimed that she never said that their daughter was suicidal. My husband recently took his daughter to a counselor where we live, the counselor basically said that she was immature for her age, had a severe speech problem, may possibly have dyslexia, and had an unstable home life. As for visitation, we are suppose to have two weekends a month, one month in the summer, and every other holiday. However, months can go by where we cannot see her. We have taken her to court four separate times regarding her inflexibility with visitation. Each time the court has told her to comply with the court order and has made the visitations more in our favor. As of yet, though, the court has not found her in contempt, and frankly we feel like, what’s the point of going to court if this three-ring circus is just going to continue?

Dear nwkltl:

Greetings. First, start to record your calls. Keep a calendar. Make sure that all her doctors, etc., have a copy of the current order. Send her all correspondence in writing - preferably by e-mail and keep her responses.

You may want to ask for a custody evaluation and/or evaluation of the minor child, but not a psych eval of her. Remember this, if you ask the court to watch out for your child and get her what she needs, your child will learn to cope with her mother’s poor parenting. If you ask the court to switch custody, you are not likely to get the help you need for your child. I hope that helps. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have a question about my husband’s exwife. She has primary custody of their daughter. The daughter visits us. The mother, in my opinion exhibits mental instability. She can become very belligerent in a matter of seconds over nothing. Can we request that she be psychologically evaluated? Will the court order her to have a psychological test, or does there have to be proof that she is a danger to her daughter or to herself? What constitutes danger, can emotional abuse count?
Thanks.