Legal Question in Family Law in Wisconsin
Obtaining Psychiatric Medical History for Child Custody
Is it possible that I or the court/ a lawyer can obtain my ex's psychiatric health history to present ot the coirt as evidence of him not being suitable to have custody of my yet unborn child? I am 7 months pregnant and he threatening to fight for full or joint custody if I do not agree to be with him. He also has told me that he does not want me to get the money that would come from SSI if I got custody so he will fight for joint if not full custody. After living with him and seeing how he abuses and yells at his 5 year old and goes through stages of rage and depression I know he is not fit...that is ultimately why I left. I know he is bi-polar and possible schizophrenia...he and his family have told me he was diagnosed about 12 years ago. About 4 years ago he stopped taking his medication and stopped seeking seeking because he ''wanted to handle his issues himself''. He told me it worked at first but began to get worse but he didnt want to seek treatment becasue of the side effects of the drugs. He has promised in the past to get help but still hasn't. I can't go into a courtroom without solid evidence. I found papers where he was being reported for child abuse in the past and I have those. How can I get his psychiatric history?
1 Answer from Attorneys
Re: Obtaining Psychiatric Medical History for Child Custody
Yes, see Wis. Stat. 804.10 Physical and mental examination of parties;inspection of medical documents.
(1) When the mental or physical condition, including the blood group or the ability to pursue
a vocation, of a party is in issue, the court in which the action is pending may order the party to submit to a physical, mental or vocational examination. The order may be made on motion for
cause shown and upon notice to all parties and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.
Your attorney would have to apply for a court order and you would have to show sufficient reason to justify the examination. As you describe it, it would appear that you have ample evidence of the need for the examination.
In addition, often you can obtain a medical release in order to get records of existing medical treatment without having to get a formal order.
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