Legal Question in Family Law in Pennsylvania
I have a temporary child custody order in place. My ex is asking for me to be evaluated for alcohol. I believe she has an alcohol problem. But also that she may not pass a psychological evaluation. She has a lawyer and I do not. How do I go about getting her ordered to take an alcohol evaluation and a psychological evaluation?
3 Answers from Attorneys
If she has a lawyer and you don't you are at an extreme disadvantage. Obviously if she is asking for an evaluation and so can you. That said there is a long way from asking and getting. Generally this is done at the custody conciliation. Thought you could ask at the pretrial as well.
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{John}
From the zip code on your post it looks like you are in York County. The process varies by county, but in York, such a request is generally made in the conciliation memo that is required to be filed before the conciliation conference. It may be requested after conciliation, but should be done right away and the request should be noted in the pre-trial memo, which is required to be filed prior to the pre-trial conference.
As John mentioned, your best bet would be to retain a lawyer. The other side will have an advantage going into trial when they have a lawyer and you don't. Plus, York County has many different local rules that must be followed. You will be expected to know and follow the PA and York County rules of civil procedure and evidence as well as an understanding of the substantive law.