Legal Question in Family Law in New York

My ex-wife, who has residential custody of my child (albeit, my child is currently living with me and before December 2009 was with me almost 50% of the time) is in the psychiatric hospital for depression/bipolar disorder. I found out that besides the post-partum psychosis hospitalization in 2002 and her hospitalization as a teenager in 1993, she had been hospitalized for a suicide attempt in 2006 during the time I was working out the divorce agreement with her. I agreed to let her have physical custody in the divorce agreement. Had I known about the suicide attempt, I never would have signed the agreement as it was written as I am now very concerned about my child's safety while with her. Did the opposing lawyer have an obligation to inform my lawyer and I about the suicide attempt GIVEN THE FACT THAT A CHILD'S SAFETY WAS INVOLVED (I understand about attorney-client privilege which goes beyond something like doctor-patient confidentiality but this case involves the safety of my daughter, who was 4 at the time)? We live in New York.


Asked on 1/09/10, 5:05 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

No. Absent something more than what you've described, the attorney could not on his or her own reveal anything of the kind.

However, your knowledge now is sufficient to bring a petition for a change in custody. If you'd like to discuss the possibilities and problems, please feel free to get in touch.

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Answered on 1/14/10, 5:51 pm


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