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: 8 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 8 months ago
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,427
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 8 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?
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,427
6,427 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

11,875 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 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.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was a victim of domestic violence and stayed to protect my
I was a victim of domestic violence and stayed to protect my stepdaughter. Eventually her biological father took her moved and I couldn't stop him. I've stayed in her life as was our agreement from th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is a Petition for Order of Protection in a Domestic Violence
Is a Petition for Order of Protection in a Domestic Violence against me in New Mexicio, considered a criminal proceeding ?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
As a pro se litigant, to whom at a bank would I address a
As a pro se litigant, to whom at a bank would I address a subpoena duces tecum? I have to complete the subpoena form, send it to the clerk of cts for her signature, receive it back from her, then have… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,748 satisfied customers
Physical domestic violence records can be used at court to
Physical domestic violence records can be used at court to penalize the violent spouse. How about mental domestic violence in marriage when the couple is to divorce? Such as psychological abuse, not p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to get out of a domestic violence relationship
I'm trying to get out of a domestic violence relationship but he stays with me and they are telling me i have to evict him in order for me to put him out. Is there anything else i can do to get away f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I made a false police report concerning domestic violence
if I made a false police report concerning domestic violence who would I need to contact to retract my statement? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Wanted to ask a question on a domestic violence case. The
Wanted to ask a question on a domestic violence case. The person is locked up and has multiple charges one being domestic violence. The so called victim is stating that she doesn't know why they have … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
If I have an attorney on record can I file a pro se motion
If I have an attorney on record can I file a pro se motion on my own if directed by my attorney?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
What is the process for a pro se divorce in texas. I've
what is the process for a pro se divorce in texas. I've received conflicting scenarios. im assuming i will be served today with the original petition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding domestic violence no contact
I have a question regarding domestic violence no contact order, I'm the victim … read more
Sue
Sue
Juris Doctorate
436 satisfied customers
Domestic violence issue with a child involved. He is in
He is in Chicago, IL and I currently live in KC, Mo … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,257 satisfied customers
I am representing pro se in a contested divorce, there is
I am representing pro se in a contested divorce, there is domestic violence present. I am looking to sanction my husband and his attorney for unnecessary litigation and stress. They objected to the or… read more
Sean K
Sean K
Attorney/Member
JD
624 satisfied customers
For domestic violence cases, how is the valid time to sue
For domestic violence cases, how long is the valid time to sue people from the day of being attacked?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
Is domestic violence a silver bullet to a SAPCR requesting
Is domestic violence a silver bullet to a SAPCR requesting custody if the following is shown to the court: 1. Records of domestic violence in previous relationships. 2. Custodial parent calling 911 an… read more
LegalGems
LegalGems
Juris Doctorate
11,965 satisfied customers
I was in a domestic violence relationship and now my ex is
i was in a domestic violence relationship and now my ex is in jail, and he keeps going back and forth on whether i am allowed to go get all my belongings from his moms where we were staying. She won't… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
If domestic violence charges have been dropped by the State
If domestic violence charges have been dropped by the State attorneys office can the husband return home. DCF said they will take the kids if he does. Do they have the right to do this? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If a pro se party strikes themselves off the docket of a
If a pro se party strikes themselves off the docket of a custody agreement on the side with 2 pro se plaintiffs, what will happen to the custody agreement? … read more
Blake
Blake
J.D.
107 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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