Bronx, NY asked in Family Law and Child Custody for New York

Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint custody? He has not pay any child support since 2019 and stated to the ACS worker that he wants to shoot me in the head.

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3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: You need to talk to your attorney. These cases are complicated. This kind of question is specific to your case and only an attorney familiar with your situation can answer.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: There is no way to answer this question at this time. Before anything can be decided, everyone will need to see the results of the mental health evaluation. Once that is read, then you can see where the case is going. Based upon what you have indicated, it is highly unlikely that there will be joint custody.

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it increases your odds of getting sole custody. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.

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