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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117432
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The childs attorney has ignored what the psychiatric evaluation

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The child's attorney has ignored what the psychiatric evaluation has said and persisted to recommend supervised visitation based on the fact that my son was crying hysterically (13 months old) at supervised visits before he was even handed to me. I have seen my son 5 hours over the past 6 months. The pediatric and forensic psychiatrist said to me personally that the best way to reduce stranger anxiety is to increase the amount of time with the father. Would I be making a strategic error in attacking the validity of the arguments presented by the child's attorney?
Thank you for your question and for asking for me. I look forward to working with you again.

I would be crying hysterically having to deal with one of those social workers with their buzz cut hair and their army boots. Ignoring a medical expert can be considered abuse of discretion by a court. Thus, presenting the psychiatric information to the court as expert testimony is indeed the proper way to go with these cases as the court tends to side with expert witnesses over an attorney who has no experience with children compared to the psychiatrist.

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Customer: replied 4 years ago.

I should clarify. The psychiatric evaluation did not make specific recommendations as to whether the visits should be supervised or not, since she was not asked to make such recommendation. However, upon discussion by phone with the psychiatrist, she mentioned to me that she thought there was no evidence of danger and that her report should allow me to have unsupervised visitation.


The Court has seen the psych report, but is not aware of the conversation I had with the psychiatrist.


Perhaps I should ask the psychiatrist to make an addendum saying that she does not see why I should have supervised visitation from a medical standpoint.


Still not sure what I should do... I hate to call the psychiatrist again and bother her.



You need to get the psychiatrist to reevaluate the case regarding the supervised visitations since these seem to be causing a problem with the children. Talk to the psychiatrist and get them to submit an amended report to address the issue of the supervised visits and explain to her the reasons.
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