Yes, previous medical history is admissible, but keep in mind, that even using this may make you look bad instead of the “other side”. If the stbx is a danger to the children, then that would be considered. However, the Court really does not like to get involved in custody issues and with the way things are now, it is almost impossible for sole custody to be awarded if the parents both desire to see the children. The easiest thing to do is work it out yourselves or through the lawyers. Custody trials are costly and put everyone through the wringer. It is awfully, awfully hard to prove “unfitness”. My advice to try to come up with a plan that you can live with rather than put yourself and your children through more trauma and expense.
would alcoholism, depression, possible bi polar, possible schizphrenia, refusal to take meds, homeless and jobless be sufficient enough?
on top of saying terrible things to the children, inappropriate things, verbal abusiveness, etc. I’m not trying to sound smart, those are the issues at hand and I’m just curious if that would be enough to have the children possibly at danger
You can question her about the status of her mental health and can ask questions about psychiatric conditions and in patient stays in a mental hospital and you do not have to wait for her attorney to bring it up. However, you should be prepared to tell the court why this information is relevant.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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So is previous medical history admissible in court at a custody hearing? The medical information is not physical but psychological information that needs to be brought up. A recent stay at a mental hospital I think is important. The question I have though is how to bring it up in court. If I volunteer the information or question the stbx when the stbx is on the stand, can the stbx’s attorney object it out. Do I have to have the stbx bring up the stay first to “open the door?” Please get back to me soon.