Judge goes against Doctor's advice?

[fanofjets2002]

What is the name of your state?Vermont
Any one ever heard of a judge going against advice of a defendent's doctor?
A divorce case is coming up soon and the defendents has bipolar and is on ssdi for 5 years and is very stable. The problem is is guy needs to avoid high stress conditions. His spouse wants him to move out and if he does his doctor says he will become very sick and depressed from the stress . The spouse has a full time job and could move out too but doesnt feel like she has no bipolar or anything. Would the judge side with the wife and go against the doctors advice?

[rmet4nzkx]

A judge may consider the doctors report, in the proceedings, however the judge isn't compelled to accept or implement the reccomendation. Having been a court ordered evaluator, I can say that due to the quality of my reports, they are generally followed, but that is as a court appointed expert witness, therein lies the difference. The defense witness may not have access to all the facts and there for can only present a biased opinion, especially when it comes to psychological issues. It may be to the respondents best interest to request Court ordered evaluation of both parties.

From what you relay, I find such a reccommodation questionable, from a clinical standpoint. It is the attorney's job to argue the merits of the report for their client. The facts, that the person is disabled and on SSDI a considerable length of time and although, while currently stable, might become unstable, may establish some entitlement to spousal support more so than an entitlement to remain in the marital home. This could be the leverage that might allow them to stay. If both are currently residing in the marital home, then they may have to wait until the judge decides. If there is a history of domestic violence, physicial, mental, financial, it should be reported to the police as DV may also be a factor.

The disabled party should become knowledgable of their rights under ADA including ADA accommodations in court re stress and communications. ADA does not provide special entitlements, it levels the playing field.

[nextwife]

And if the residence is a jointly held property,who ultimately stays may end up being a matter of who can buy out whom. If the lease is in the name of ONE party only (as in one already lived there before the marriage), the Landlord DOES have to release one party from the lease and agree to accept the other party in their place. Who stays could end up being a matter of ownership /landlord/lease rights, if a third party, such as a landlord is also involved, or there are premarital/seperate ownership rights..

[fanofjets2002]

The guy would give the women a very large $ settlement enough to by a 2 or 3 bedroom condo for cash.

[LdiJ]

This issue has already been addressed with you on previous threads.

What you want to happen is that you will be awarded the house and custody of the children. You believe that at least two attorneys have advised you that you can use the "I am not stable enough to leave the house" argument to retain the house, but yet still be able to obtain custody of the children based on stablilty.

I think that is a poor strategy....and I honestly think that you could be listening to what you WANT to hear from the attorneys rather than what they are actually telling you. I would honestly be surprized if any attorney would tell you that you could use instability to keep the house yet claim stabilty to keep the kids.