Unproven/False Disability claimed

[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!

Originally posted on Custody Issue Forum, was recommended to post here.

[socrateaser]

>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!

Ask the court to have the child evaluated by a neutrally appointed therapist. You can claim that this is all a contrivance to achieve child support beyond the child's becoming an adult.

Ultimately, if the child is a minor, and there's a claim that the child is in distress, then the court will order an investigation -- either by a gaurdian ad litem or a therapist or both.

You can ask that both parents share the cost of the eval. This may cause the other parent to back away, because we're talking large dollars for the eval.