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How to Challenge the Forensic Psychiatrist's Report

BY Marcy L. Wachtel
October 07, 2003

Envision the following scenario, which is not necessarily commonplace, but not unheard of, either: Your client, the mother of a 9-year-old girl and two boys, aged 2 and 5, has been married for 14 years, most of them unhappy. Your client has been struggling with, and is being treated for, a series of psychological problems, including bipolar disorder, suicidal ideation and post-partum trauma disorder. The client has been a stay-at-home mother, attending to the demands of three children with busy schedules. Her marital problems have increased dramatically since the birth of the youngest child, to the point where she now believes the domestic discord is detrimental to her own as well as to her children's emotional well-being.

Your client and her husband have fundamentally different philosophies on child rearing and have had a series of disputes on such crucial issues as psychiatric treatment and the correct medication for their daughter. This history forms the basis of your client's belief that joint decision-making with her husband is not viable and that sole legal custody is the only option. Furthermore, your client, while not wishing to cut the father out of the children's lives, is willing to offer him 'garden-variety' visitation of alternating weekends and one mid-week dinner, but she firmly believes the children should reside primarily with her in her home, particularly during the school week. Noting that the issues of custody and visitation are marked 'unresolved,' at the preliminary conference, the judge appoints both a law guardian to act as the children's advocate, and a forensic psychiatrist to meet and evaluate the family and make a recommendation regarding legal and physical custody.

Notwithstanding your advice regarding the risks attendant to litigation, in moving
forward with the divorce, the possibility of losing legal and physical custody of her children is the last thing on your client's mind.

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