# Urgent Medical Questioning Advice **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 19, 2008, 10:51am UTC](https://forum.rosen.com/t/urgent-medical-questioning-advice/6642 "2008-10-19T10:51:08Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![lostinspace](https://avatars.discourse-cdn.com/v4/letter/l/ccd318/32.png) [@lostinspace](https://forum.rosen.com/u/lostinspace)\ **Post date:** [October 19, 2008, 10:51am UTC](https://forum.rosen.com/t/urgent-medical-questioning-advice/6642/1 "2008-10-19T10:51:08Z")
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. ---
**Author:** ![bikerboy89](https://avatars.discourse-cdn.com/v4/letter/b/46a35a/32.png) [@bikerboy89](https://forum.rosen.com/u/bikerboy89)\ **Post date:** [October 19, 2008, 5:14pm UTC](https://forum.rosen.com/t/urgent-medical-questioning-advice/6642/2 "2008-10-19T17:14:18Z")
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 ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [October 22, 2008, 8:27pm UTC](https://forum.rosen.com/t/urgent-medical-questioning-advice/6642/3 "2008-10-22T20:27:19Z")
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](http://radio.rosen.com) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![bikerboy89](https://avatars.discourse-cdn.com/v4/letter/b/46a35a/32.png) [@bikerboy89](https://forum.rosen.com/u/bikerboy89)\ **Post date:** [October 18, 2008, 9:03pm UTC](https://forum.rosen.com/t/urgent-medical-questioning-advice/6642/4 "2008-10-18T21:03:03Z")
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. Denny Crane