False Disability reported for child

[txconcerned]

I need help!  STBX is claiming child has mental diability (no medical test to diagnose - diagnosis based on observation and information provided by mother which is misrepresented).  This is to prevent visitation (long distance - she took child across state when she left) and request spousal maintenance to allow her to provide care and extend child support after 18.  Even if diagnosis were to be proven, it is a very mild condition.  Problem is... if condition is questioned, will court view that as being unconcerned with child's well-being?  What about visitation?  HELP!

[mistoffolees]

This is not a legal opinion and certainly not an expert opinion. It's simply my view on things based on what I've heard. (You might want to ask Socrateaser).

Judges hear all sorts of things - accusations of abuse, neglect, non-payment, and so on. I would think that they hear these accusations so much that they're skeptical to start. Not only by law, but by their own skepticism, I would think they'd ask for proof from a qualified expert - including a treatment plan.

If I were in your shoes, I think I'd approach it differently. Play along. Tell the judge that you're very concerned and want to make sure that the child gets a proper evaluation and treatment and that you're willing to pay for half of the cost. My guess is that the STBX will back down, but even if she doesn't, you'll be sure the child gets proper care. PLUS, it puts you on the side of wanting to ensure that the child is properly cared for while the mother never took the child for an evaluation even while she had custody.

Good luck.

[txconcerned]

Thanks, that what I thought too.  Just going to make temporary custody/visitiation sticky in court this week.