is there anyway to ask for a psych eval?

[ILOVEMYGSM3]

What is the name of your state? california(divorce) FL(custody)

is there a way i can ask for my wife to undergo a psych eval during our custody proceedings? shes sent text messages, and left voicemails, and on the phone she has told me of her mental problems, and alot of other things, that are making me believe she is mentally unstable to support our son. don't get me wrong, she holds a job very well, and i do not feel my son is in any physical danger, it's just that i know she has been on anti-depressants from a very young age, and she can get violent(with me, never our son), and i'm wondering how those anger bursts and her meds will coincide with the upbringing of our son.

any true advice is greatly appreciated, and i aplogize for so many posts, i am just trying to make many short 1's, rather than 1 extremely long 1...Thanks in advance!

 

[GrowUp!]

What is the name of your state? california(divorce) FL(custody)

is there a way i can ask for my wife to undergo a psych eval during our custody proceedings? shes sent text messages, and left voicemails, and on the phone she has told me of her mental problems, and alot of other things, that are making me believe she is mentally unstable to support our son. don't get me wrong, she holds a job very well, and i do not feel my son is in any physical danger, it's just that i know she has been on anti-depressants from a very young age, and she can get violent(with me, never our son), and i'm wondering how those anger bursts and her meds will coincide with the upbringing of our son.

any true advice is greatly appreciated, and i aplogize for so many posts, i am just trying to make many short 1's, rather than 1 extremely long 1...Thanks in advance!

If you do, then be prepared for one on you, as well. Plus, these are very costly.

If SHE brings up these issues during a trial, you could always motion for one then because it'll be on record.

 

[rmet4nzkx]

Is she living in FL but the divorce is ongoing in C?, If so, ask your attorney to ask for an EC730 evaluation, there are other possibilities as well, you could also petition the courts to appoint a Guardian ad Litem for your child, this is less expensive than the evaluation, FL has some difficulities providing some home studies or evaluations for out of state orders.

 

[LdiJ]

Is she living in FL but the divorce is ongoing in C?, If so, ask your attorney to ask for an EC730 evaluation, there are other possibilities as well, you could also petition the courts to appoint a Guardian ad Litem for your child, this is less expensive than the evaluation, FL has some difficulities providing some home studies or evaluations for out of state orders.

From his other thread I think its been established that FL has jurisdiction of any custody proceedings....that CA is handling only the divorce, not child custody.

 

[rmet4nzkx]

From his other thread I think its been established that FL has jurisdiction of any custody proceedings....that CA is handling only the divorce, not child custody.

I responded to this thread the way I did because it is clear from my knowledge of California Law and access to the forms and the mutual restraining orders that custody has not been settled nor jurisdiction for that matter. It would appear that there is some misunderstanding re these issues. Upon reading the first post in OP's other thread, this was confirmed. Accordingly I explained some general options re OP's quetion on this thread only and to discuss it further with their attorney. In this case it does not appear that jurisdiction is established in FL and in fact, mom is traveling with the children and interfering with dad's rights to his children and mom will also have changed residence yet again before the scheduled custody hearing so dad if they have an attorney competent to fight a moveaway case, has a real chance for custody to be in CA and CA Family Law Codes that cover these situations so dad also has a real chance of becomming primary custodial parent because mom is apparently the least likely parent to allow visitation. BTW FL if they do in fact have custody, also has standard move away restrictions for moves over 100 (geo area) miles and Ohio is more than that, even if FL does have jurisdiction, once mom moves, that can be contested.

Dad needs an attorney.

 

[ILOVEMYGSM3]

thanks rmet!

thats the answers i needed...i won't be getting an atty...i am using navy legal on my side, here in CA, and she is using them in FL...but yes you are right, as i tried to explain and some didnt notice, that yes he lives with her, but there is currently no custody filing, orders etc, in action whatsoever...thanks for the help

 

[rmet4nzkx]

thats the answers i needed...i won't be getting an atty...i am using navy legal on my side, here in CA, and she is using them in FL...but yes you are right, as i tried to explain and some didnt notice, that yes he lives with her, but there is currently no custody filing, orders etc, in action whatsoever...thanks for the help

Then you file for custody in CA first and cite.
http://www.leginfo.ca.gov/calaw.html
CALIFORNIA CODES
FAMILY.CODE
SECTION 3040-3048
3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
(2) If to neither parent, to the person or persons in whose home
the child has been living in a wholesome and stable environment.
(3) To any other person or persons deemed by the court to be
suitable and able to provide adequate and proper care and guidance
for the child.
(b) This section establishes neither a preference nor a
presumption for or against joint legal custody, joint physical
custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child.

 

[LdiJ]

thats the answers i needed...i won't be getting an atty...i am using navy legal on my side, here in CA, and she is using them in FL...but yes you are right, as i tried to explain and some didnt notice, that yes he lives with her, but there is currently no custody filing, orders etc, in action whatsoever...thanks for the help

How long has he lived in FL? Did mom and the child ever live in CA? If so, how long has it been since mom and the child lived in CA? If CA doesn't have jurisdiction of custody matters...then it doesn't help you that there are currently no custody orders.

 

[rmet4nzkx]

How long has he lived in FL? Did mom and the child ever live in CA? If so, how long has it been since mom and the child lived in CA? If CA doesn't have jurisdiction of custody matters...then it doesn't help you that there are currently no custody orders.

Dad is in the military, stationed in CA therefore he can file for both divorce and custody in CA, mom is moving around and hasn't established residency, custody hasn't been decided, mom will have moved, again before their first court date, including bringing the child back to CA and not allowing dad visitation. CA has a code to cover that as well in addition to the one cited.

 

[ILOVEMYGSM3]

residency

my son was born in fla, and i saw him in february for only 15 hours...she had came here to see her b/f who is also a servicemember, and she let me see him for a day, even though she was here for 3 or 4 days...

my wife has lived in fla all of her life and so has my son...so does that mean since i am a resident per military orders, i can file for custody here? i thought i had to have the child here with me?

another question:when she recieved her papers(i served her through sheriffs office), she wrote back to me and the court stating that the divorce needed to be dismissed b/c she's never lived here and neither has our son...the court said it didnt matter, i'd met the residency requirements to file divorce...anyways...with that paper, she sent a notarized a paper that stated her sole purpose for coming to CA in feb was to "promote healty visitaion"...which for her was 11pm tuesday till 8pm wednesday, and she was here to be with someone else...is there anyway i can contest that "document"? especially since i can prove she was here for 4 days and only allowed me to see him for 18 hours? she'd only called me that same afternoon to announce she was in north CA...and told me if i wanted him to come get him...unsure if you're aware of the military but i didnt have enough time to ask for leave to see my son, so in all actuallity, i saw him for about 4 hours if you don't count the time we slept...

also, when she arrived here, she drove from LAX 2 hrs north, pregnant, with my son in her lap...when she told me this, i told her there was no way she could get my son back w/o a car seat, and when she came, i made her show me the car seat, and then i let her put him into the vehicle...besides actual physical abuse(TMK there is none whatsoever)what other types of instances like this can i "use", in a truthfull, not vindictive way, in our custody battle?

 

[rmet4nzkx]

my son was born in fla, and i saw him in february for only 15 hours...she had came here to see her b/f who is also a servicemember, and she let me see him for a day, even though she was here for 3 or 4 days...

my wife has lived in fla all of her life and so has my son...so does that mean since i am a resident per military orders, i can file for custody here? i thought i had to have the child here with me?

another question:when she recieved her papers(i served her through sheriffs office), she wrote back to me and the court stating that the divorce needed to be dismissed b/c she's never lived here and neither has our son...the court said it didnt matter, i'd met the residency requirements to file divorce...anyways...with that paper, she sent a notarized a paper that stated her sole purpose for coming to CA in feb was to "promote healty visitaion"...which for her was 11pm tuesday till 8pm wednesday, and she was here to be with someone else...is there anyway i can contest that "document"? especially since i can prove she was here for 4 days and only allowed me to see him for 18 hours? she'd only called me that same afternoon to announce she was in north CA...and told me if i wanted him to come get him...unsure if you're aware of the military but i didnt have enough time to ask for leave to see my son, so in all actuallity, i saw him for about 4 hours if you don't count the time we slept...

also, when she arrived here, she drove from LAX 2 hrs north, pregnant, with my son in her lap...when she told me this, i told her there was no way she could get my son back w/o a car seat, and when she came, i made her show me the car seat, and then i let her put him into the vehicle...besides actual physical abuse(TMK there is none whatsoever)what other types of instances like this can i "use", in a truthfull, not vindictive way, in our custody battle?

Report the other service member to their command.
How old is your child?
Who is the father of this other child?
Have you done a DNA test?
You may need to contest paternity.
YOU really need an attoreny.

 

[LdiJ]

Dad is in the military, stationed in CA therefore he can file for both divorce and custody in CA, mom is moving around and hasn't established residency, custody hasn't been decided, mom will have moved, again before their first court date, including bringing the child back to CA and not allowing dad visitation. CA has a code to cover that as well in addition to the one cited.

Rmet...that is an inaccurate statement. Mom and child are living in FL and have plans to move to TN in August. On top of that in his very first thread he explained that FL had jursidiction for custody purposes....which sounded to me like that CA courts had already decided that issue.

If the CA courts have not decided that issue, then the answers to the questions I asked are critical. If mom and the child have never been legal residents of CA..or haven't been for a long time....then CA would not have jurisidiction for custody purposes.

 

[LdiJ]

my son was born in fla, and i saw him in february for only 15 hours...she had came here to see her b/f who is also a servicemember, and she let me see him for a day, even though she was here for 3 or 4 days...

my wife has lived in fla all of her life and so has my son...so does that mean since i am a resident per military orders, i can file for custody here? i thought i had to have the child here with me?

another question:when she recieved her papers(i served her through sheriffs office), she wrote back to me and the court stating that the divorce needed to be dismissed b/c she's never lived here and neither has our son...the court said it didnt matter, i'd met the residency requirements to file divorce...anyways...with that paper, she sent a notarized a paper that stated her sole purpose for coming to CA in feb was to "promote healty visitaion"...which for her was 11pm tuesday till 8pm wednesday, and she was here to be with someone else...is there anyway i can contest that "document"? especially since i can prove she was here for 4 days and only allowed me to see him for 18 hours? she'd only called me that same afternoon to announce she was in north CA...and told me if i wanted him to come get him...unsure if you're aware of the military but i didnt have enough time to ask for leave to see my son, so in all actuallity, i saw him for about 4 hours if you don't count the time we slept...

also, when she arrived here, she drove from LAX 2 hrs north, pregnant, with my son in her lap...when she told me this, i told her there was no way she could get my son back w/o a car seat, and when she came, i made her show me the car seat, and then i let her put him into the vehicle...besides actual physical abuse(TMK there is none whatsoever)what other types of instances like this can i "use", in a truthfull, not vindictive way, in our custody battle?

Ok...then you answered my questions. Mom and the child have never lived anywhere but FL...therefore FL has jurisdiction for custody purposes. You MAY NOT file for custody in CA. You can file for divorce there, but not custody.

 

[ILOVEMYGSM3]

ok thanks...heres the next question

if i do find that she has came to california w/o permission(the family facilitator says the restraining order is still in effect untill she files custody in FL)...what can i do? and shes going to ohio not TN...we're not even sure about that....it's more like she's threatening...she had originally agreed i could have my son in july and august, and we agreed she would not recieve any money then, b/c i would have my child...(the money i send is through my command not the courts)and she agreed. untill i faxed her a paper that had the SAME EXACT WORDS ON IT...and she said no...wow, yeah my command has contacted her "friends" command...and they arent worried, b/c they are already putting him out for BAH fraud...for the longest time, i was sending her $800, and he was giving her $600 as she was pregnant with his child...in other words she was "fronting" us both, as everyone is beginning to suspect she was never pregnant to begin with....

no one answered my other question...in a custody case, is the fact she had him in the front seat of a car in her lap information that needs to be brought up? i have a feeling she has done this before...thanks everyone...

 

[rmet4nzkx]

if i do find that she has came to california w/o permission(the family facilitator says the restraining order is still in effect untill she files custody in FL)...what can i do? and shes going to ohio not TN...we're not even sure about that....it's more like she's threatening...she had originally agreed i could have my son in july and august, and we agreed she would not recieve any money then, b/c i would have my child...(the money i send is through my command not the courts)and she agreed. untill i faxed her a paper that had the SAME EXACT WORDS ON IT...and she said no...wow, yeah my command has contacted her "friends" command...and they arent worried, b/c they are already putting him out for BAH fraud...for the longest time, i was sending her $800, and he was giving her $600 as she was pregnant with his child...in other words she was "fronting" us both, as everyone is beginning to suspect she was never pregnant to begin with....

no one answered my other question...in a custody case, is the fact she had him in the front seat of a car in her lap information that needs to be brought up? i have a feeling she has done this before...thanks everyone...

PLEASE get an attorney!!!!!!!!!
Ldij doesn't understand the implications of residency with military members and their families. It is very important you file for custody in California and not wait for her to file since she is interfering with your custody of the child and if the CA court, not your wife, has decided jurisdiction for custody, then you file for full custody in FL first, she is jetting more child support from you than the state would order, she and her BF are scaming you. Let them decide between the courts/states and you need to challenge paternity for both children, including the one that may or not exist, How old is your child? If you have a ruling on custody then you can report to CPS re the lack of child seat etc. More than likely she will not appear in court for your court date. While it may appear that FL has jurisdiction according to UCCJEA there are considerations for "clean hands" and Federal Tort jurisdiction that can be argued insofar as mom interfering with custody in addition to CA codes. http://www.divorcenet.com/states/california/ca_art39

...The UCCJA also mandates that courts apply the "clean hands" doctrine to discourage parties from unilateral action or from gaining an advantage in the litigation.

Although courts will consider the parties' agreement that a custody dispute be litigated in a particular forum, they are not bound by it.

The UCCJA has not been entirely successful in preventing custody litigation over the same child in sister states that have modified the uniform act. And, a judge can interpret the statute without regard to decisions in a sister state. Some judges have ignored sister-state interpretations of key sections of the act to find a basis for exercising jurisdiction when there was no basis for it (R.E. Crouch, Interstate Custody Litigation, BNA 1981).
Federal tort jurisdiction

Federal courts have consistently held that there is no diversity jurisdiction if the primary issue is the status of parent/child or husband/wife. But in many family-related tort actions, federal district courts have asserted jurisdiction. The Ninth Circuit, for example, has held that a federal district court has diversity jurisdiction over a non-custodial parent's tort action on interference with visitation. The Sixth Circuit has held that although the PKPA does not permit a cause of action for depriving a party of custody, a cause of action may be stated under the Civil Rights Act (72 U.S.C. § 1983).

This is why you need an attorney familiar with military law and moveaways/jurisdiction and that will cost you money so it is either money up front to get competent representation or spend years trying to get visitation from this less than honest parent on the run.