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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6423
Experience:  20 years of professional experience
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I need case law that will support a woman's right to have

Customer Question

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.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: maryland
JA: Have you talked to a lawyer yet?
Customer: i cannot afford a lawyer, i have bee pro se entire time
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Family Law
Expert:  Maverick replied 1 month ago.

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

Expert:  Maverick replied 1 month 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.

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