Legal Question in Family Law in California
Hello, I will try to make this long story as short as possible. I am recently divorced from my ex husband who has been diagnosed with "agitated depression, anxiety, OCD, ADHD" and I personally think he is bi-polar. He does nothing to deal with his anger and erratic moods (no meds or therapy) despite losing our home and his family. With that being said- I believe my ex to be a loving father to our 2 children. He does not verbally abuse them in any way, yet his behavior and the way it effects those around him is effecting them, they are young and do not understand why their dad is so angry or frustrated all of the time. We have joint custody in which he has our daughters half of the time and has the same custodial rights as I do. He is currently living with his mother and that is where they have their visits at. It is my ex�s husbands mother who is telling me that his behavior is getting worse and that it is almost impossible to live with him (the same reason that I left him). Yet she is trying to provide him with a secure place to have his daughters visit. She is willing to give a written statement regarding his behavior as I did when I filed for divorce. I currently have a Non Cletz Stipulated Restraining Order against him. We all want this man to have a relationship with his children; they would be devastated without him. But he needs serious help for his issues in order for that to be a reality.
My point: It is of the utmost importance that my children maintain a relationship with their Dad, but he must get help. I would like the court to order Anger Management, as well as a Psychological Evaluation that may determine what kind of condition he has and what medication he should be taking. I feel that if it is court ordered he will comply, and if he does not, it is at that point that I will ask the court to revise our current custody agreement.
Will the court do anything like this? What forms do I need? Would it help to prepare a written statement explaining the situation?
Any advice you have would be most appreciated. Thank You.
1 Answer from Attorneys
Your question and its complexity deserves the attention of a Family Law attorney during an office consultation.
With that being said, what you have described is a situation that may require a court ordered child custody evaluation. You can file a motion asking the court for this evaluation. The cost of the evaluation must be paid for by the parties based upon their financial circumstances.Custody evaluations are expensive but performed by an expert approved of by the court and for the purposes of determining the psychological and parenting issues affecting the case. The report can aid the court to make the proper parenting and rehabilitation orders. If the court feels a parent needs to be in counseling to work on his parenting skills, the court can order that intervention.
If the parent ordered to participate in these reunification plans refuses, then the court may limit or withhold visitation.
Please see an attorney to discuss the particulars of your case and get more specific legal information on how to proceed.
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