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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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