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I am in the middle of a divorce and I am concerned my attorney is misrepresenting me. I recently agreed to undergoe a Psychological evaluation, because my husband is trying to say I am unfit. I am a NYS Certified Elementary school teacher, and I am willing to show the court that my husband is wrong. However, I was advised by a lawyer friend that I do not have to participate in a Psychological evaluation if is not court ordered. Is that true, I do not have to participate in a Psychological evaluation if it is not court ordered? My lawyer advised me to take the Psychological evaluation, and I only agreed to under the pretense that my husband was going to be evaluated as well. However, something smells fishy about this doctor who is evaluating me. For example, the doctor does not look me in the eye and he asks questions unrelated to the divorce. For example, the doctor asked for names of xboyfriends. My husband is paying this doctor for evaluation also. How can the doctor be unbiased?
State/Country relating to Question: New York Already Tried: This Psychologist, evaluator, kicked me off of his property because I refused to answer his prying questions as to why my Dad dropped me off to his office. My Dad dropped me off because I do not trust this doctor who my husband is paying to find something wrong with me. I informed the doctor that I tape every session as I left his office and the doctor was enraged. As a result, I called the NYS police to document the incident that ocurred at the Doctor's office, so the doctor could not make a comment like I was not of sound mind and body. I have raised my concerns with my lawyer who just dropped me, because he is upset I filed a police report against the doctor. I had my lawyer file a motion to withdraw from the case due to my financial hardship. I have 2 young infants under 2 who depend on me. Is it illegal to tape a doctor during an appointment? My lawyer told me to tape everybody and renigged latter on that advice. I have reason to believe my husband is not being evaluated by this doctor, because the doctor is on his payroll. I am petitioning the court.
Thanks for your question. You are going to need to obtain another lawyer here.You have the right to not consent to the examination. I agree that this is ifishy here and not something that you have to participate in But you need another lawyer to change directions here and fight for custody and other rights.Please work on this to preserve your rights here in this proceeding.Sorry it didn't work out but you need legal help here as this is going to be contested.Good lcu to you and sympathy for all you have been through..Thanks for your question.I doubt a judge here would give him custody. Since he failed the drug test only supervised visits to me are a possibility. The court may not grant any visitation until he can pass a drug screen.You have valid concerns here and the court likely will agree with you. I wish you good luck here.....Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.
Hi, the drug test is not a part of my question, you may have meant to send that response to someone else. It's okay. Before I accept your answer make sure the rest of your response matches up with my questions. You forgot to answer whether it is legal for me to tape conversations with Lawyers, Doctors and other paid professionals that I interact with in the divorce proceedings? I have lost some trust in paid-professionals since the first 2 lawyers that I had are tainted. I feel my husband is buying these people off, because my husband has a lot of money to do with what he wants.My lawyer never mentioned that I had a choice in whether or not I agree to an Psychological evaluation! Then the court must order me to undergoe a Psychological evaluation if they can prove it absolutely necessary?
You can certainly tape this here since you were voluntarily consenting to it. This is negotiable here. They would have to motion the court here for court appointed psychological.You have the right to argue against it and at least hold out for one for your husband too. You had a good feeling about this--why would you want to consent to this.It would be bad for your case and he hasn't undergone one..And I am sorry about confusion over drug screen here. Good luck to you..
Since my lawyer did not give me a choice on whether I would be evaluated, thereby my lawyer misrepresented me. My lawyer told me that I had no choice on being evaluated so that is the only reason I agreed to go through it. I did not finish the evaluation anyways with that lunatic Doctor and I did report the Doctor to the AMA. I am sure if that Doctor writes anything about me, he will be very careful since I taped our sessions.I have the write to refuse the Psychological evaluation now, because my Lawyer, ignorant and arrogant Lawyer, misrepresented me?
Sure you can refute it here. And it may not be admissable here at all since it was incomplete.Certainly you can do this as it is your right to dispute anything contained in it. A new lawyer may be able to raise many issues if this comes up..
Thank you for your empathy and detailed responses. Lastly, would me refusing a Psychological evaluation hurt my chances with custody? Also is it plausible to bring a confidant with me into the Evaluation if it is court ordered?
They will raise it here but I mean husband hasn't done one either so it should cancel.If the court orders they will set terms here of the evaluation and who you can bring..RayAnswers40045.1676827546
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