Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I need case law that will support a woman's right to have…

Customer Question
I need case law...

I need case law that will support a woman's right to have custody of child with dx of ptsd/depression following leaving domestic violence siutation I am working full time, fully functioning individual, work at johns Hopkins university... but am Pro Se... against 2 attorneys and just have not had any luck fighting against them.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

I cannot afford a lawyer, i have bee pro se entire time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm just looking for precedence that just because I have I have a mental illness diagnosis - that doesn't mean i cannot be a mother to my children. the dx is a result of domestic abuse

Submitted: 11 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 hours by:
9/13/2017
Family Lawyer: Maverick, Lawyer replied 11 months ago
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,652
Experience: 20 years of professional experience
Verified

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Maverick, Lawyer replied 11 months ago

Please look at PDF pages 19-21 on this MD case. While this is an unreported 2015 legal opinion, the arguments on those pages and the internal case cites therein are still useful and valid. The argument here is an evidentiary one. What needs to be understood is that the judge or a jury has discretion from case to case to decide when and under what circumstances a PTSD/depression diagnosis makes a parent unfit to care for a child. So there is no absolute law on this point. For example, in close cases two different juries hearing the same exact facts about a PTSD parent could, in one instsnce, find that the parent is unfit; and in the other that the same parent is not. One of your best arguments here is to force the other parent to put on expert medical testimony that says that your PTSD diagnosis has had an adverse impact on the child. That parent has the burden to prove this if he is the one seeking modify custody in his favor.

Did this answer your question?

Please Note:

(1) This information is for educational purposes only and it may not reflect current legal developments for your specific jurisdiction. It is not guaranteed to be correct or complete and you should not act or fail to act based on this information alone. This and all other Just Answer disclaimers also apply to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating. Thank you for using Just Answer.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,652
6,652 Satisfied Customers
Experience: 20 years of professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I was adopted as an adult a few years back in my early
I was adopted as an adult a few years back in my early twenties. My adopted father has been propositioning my close friends and lovers with money and financial support in exchange for sex. He also fin… read more
LegalGems
LegalGems
Juris Doctorate
12,814 satisfied customers
What are the grounds to sanction the petitioner's attorney?
what are the grounds to sanction the petitioner's attorney? i am going through a divorce process and he objected the general magestree and has sent it to trial. i am representing prose, his attourney … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
60,666 satisfied customers
I share joint custody of our children with my ex. She
I share joint custody of our children with my ex. She admitted under oath there was no domestic violence in the divorce. Now, after I attained a medical court order for her to seek treatment for our s… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
NY 5 boroughs Divorce attorney. Who calls the cops more to
NY 5 boroughs Divorce attorney. Who calls the cops more to try and make their spouse look like a mental case when they are soon to divorce, A man or a woman?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
What is the missouri state law definition of child neglect?
What is the missouri state law definition of child neglect? and or negligence? What factors do they weigh or situations do they look for in a custody hearing?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
I have a child custody case where Michigan is the home state
Hello. I have a child custody case where Michigan is the home state and Maryland has intervened with temporary Jurisdiction in-order to protect the child from child abuse. Michigan has ordered for the… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I have just been granted a Protective order against my
I have just been granted a Protective order against my husband. He is mentally ill and very unstable. I need to protect my child and wish to file for divorce here in MD. Is there any way we can speed … read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers
Modification of a current custody order with a request to
Modification of a current custody order with a request to leave state when there is domestic violence involved. Also in the current order is 50/50 custody and not alloud to leave the county or state w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
My ex has sent a subpoena to my counselor; employer; and landlord
My ex has sent a subpoena to my counselor; employer; and landlord to try to prove I still "live" in his district to gain jurisdiction. I have had to go on leave from my job to care son and return to m… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Divorce being filed. Father emotionally. And physically abused
Divorce being filed. Father emotionally. And physically abused children and spouse. No reports filed with police. Therapist agrees they should not be around father until he gets help. He was in Iraq n… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
This person who shall remain nameless is unmarried lives with
This person who shall remain nameless is unmarried lives with his ex and two little girls in a apartment that both their lease names are XXXXX XXXXX is his blood daughter. He pays child support despit… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I filed two motions to reopen my PSA in NJ the were denied
I filed two motions to reopen my PSA in NJ the were denied due to my former husband lies and his sharp attorney. My ex abused me emotional during, after and presently, as a result I am severely mental… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My husband has filed for absolute divorce (alleging adultery)
My husband has filed for absolute divorce (alleging adultery) and sole custody of our 3 minor children. He is in MD. The children and I are in GA where I have been taking refuge for about a month. I t… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Is there precedent in Illinois for a father receiving full
Is there precedent in Illinois for a father receiving full custody of a child due to the mother being diagnosed with fictitious disorder (aka Manchausen Syndrome by Proxy (MSP))? The mother influences… read more
A-LEGAL-MIND
A-LEGAL-MIND
Attorney
Doctoral Degree
142 satisfied customers
The mother of my two children left me and our two children
The mother of my two children left me and our two children in May of this year. We have been civil with each other. I have them Monday through Friday and she gets them on weekends when she wants them.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I have a complex situation. My husband is a PTSD patient. He
I have a complex situation. My husband is a PTSD patient. He was severely abused as a child. We have been married for 11 years. About 2 months ago, I discovered that he was having an online affair wit… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I was recently involved in a domestic violence situation my
I was recently involved in a domestic violence situation my fiance and I had an altercation and he hit me. I called the police and he ran. We have been through this 2 times before and I know that he h… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
in maryland I see that cruelty of treatment is grounds for ...
in maryland I see that cruelty of treatment is grounds for divorce.is verbal abuse considered under this category and how must I prove it in a court of law?… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x