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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36413
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My name is ***** ***** I am getting a divorce. I am on my second atto

Customer Question

Hi my name is ***** ***** I am getting a divorce. I am on my second attorney. My wife is trying to stick in a clause on when I can do what with my daughter. I have what is called narcolepsy. I have it under control but my wife is trying to use it against me.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon Jeff,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Narcolepsy, kept under control medically is no more dangerous than epilepsy or other medical disorders that render a person legally disabled.
If having a disability were a legal justification for limiting a parent's right to raise their child as they want to, then millions of parents nationwide would be under a cloud of oppression.
Unless you have an active disease process that is not controlled such that you even being around your child poses a serious threat of injury to your child, the court is not going to limit your ability to interact with your child.
If you have a license to drive, then you wife will not get far in trying to limit your driving with your daughter. And while perhaps it would be foolish of you to take her up in a two seater airplane with you at the controls, there are probably few other activities that you would not want to do with your daughter.
Look at defending against this ridiculous demand from this perspective. You have been raising your daughter all these years and presumably have not caused her any harm. Chances are good that you have participated in activities just fine over the years that your wife is now making noise about---and chances are that she had no problem with those activities when you were married and now she is just trying to interfere with your relationship with your daughter with no rational basis.
You are under no obligation to bend to the oppressive demands of your spouse in the divorce and it is unlikely that if you allow this issue to be decided by a judge in a partial trial on divorce, that the judge will not impose these restrictions on you either.
You simply have to stand your ground and urge that your disability has not harmed your daughter and your wife cannot prove to a reasonable medical certainty that it will do so in the future. Demand that she put on expert medical testimony if she is demanding these limitations based on a medical condition that she is not legally competent to testify about. Certainly your attorney has encountered this kind of malicious spouse in the past who makes unrealistic demands, which in retrospect are specious.
Fight this overreaching by your wife and I expect that if your condition is in fact under control as you say, that the court will not impose conditions on your time with your daughter.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,