Need help

[mil5]

What is the name of your state? ID, but the records in question are in North Carolina

I just recived a interrogatories with some quesitons I am not sure if I should answer. It ask if you have been admitted to a mental facility. I was when I was 16/17 in a regular hospital per a judge's order to be observed to see if I was suicadal. My question is now with me being 25, do I have to turn over my medical records regarding this and how should I respond? Also will this hurt my chances of getting my daughter?


Dust Baker

 

[acmb05]

What is the name of your state? ID, but the records in question are in North Carolina

I just recived a interrogatories with some quesitons I am not sure if I should answer. It ask if you have been admitted to a mental facility. I was when I was 16/17 in a regular hospital per a judge's order to be observed to see if I was suicadal. My question is now with me being 25, do I have to turn over my medical records regarding this and how should I respond? Also will this hurt my chances of getting my daughter?


Dust Baker

Not sure about it since you were a minor at the time, however I do know that you can bet your butt that any question that is on there, they already have the answer. They just want to see if you are going to tell the truth or not.

 

[rmet4nzkx]

A history of sucidial ideation would require an honest answer and you can expect to provide what ever waivers necessary or the records will be subpoenaed. That combined with what ever else is hindering custody will not help your case, but perjury is worse. You will have to be prepared to prove what you have done to become a fit parent.

 

[LdiJ]

A history of sucidial ideation would require an honest answer and you can expect to provide what ever waivers necessary or the records will be subpoenaed. That combined with what ever else is hindering custody will not help your case, but perjury is worse. You will have to be prepared to prove what you have done to become a fit parent.

This is this poster's first thread. What is your basis for stating that this poster needs to prove that they have done anything to demonstrate that they have become a fit parent? What is your basis for assuming that the poster is not already a fit parent going through a divorce?

Unless the poster has already been found unfit as a parent in the past, the burden of proof is not on the poster to prove that they are fit, but on the other party to prove that they are not.

A teenage bout of a possible suicide attempt, 8-9 years in the past, is not necessarily going figure heavily in a custody case. It might, it might not. However I agree that adding perjury into the mix would be a serious error.

 

[mil5]

Thanks for the info

Thanks for the comment LdiJ. By all means I have no intentions to purjure myself in this matter. This happened during a emacipation hearing when I was 17 and I was ordered to go to the hospital for observation by the judge. That episode is well behind me and I have been employed in the Air Force for 8 years with no problems in that area. At the time I was unhappy at home, but like I said I have moved on. My main question in this area was if I would have to turn these records over since it happened when is was a minor. If I have to talk about it in court, I will and I will tell the truth, but if by law that area is untouchable, then I would like to keep it that way. I found out that the means that my ex-wife found this out was through my father during a conversation with him.
To clarify a little (sorry for not explaining it all the first time) I have been divorced for 2 years. My current child custody paperwork states that I have my daughter with me 6 months of the year and my ex has her for the other six months. I have orders to Kessler AFB (Biloxi MS) and therefore the parenting plan has to be modifed for my daughter to have a stable school atmosphere and to make a long story short, I feel the place for my daughter is with me and my wife. The reasons I have cited is my ex wifes long/odd hours including weekends, finacial irresponsiblity to include, within the last couple months, a reposesd car to pay for a lawsuit order against her, one case of neglect that resulted in my daughter going to the emergency room for digesting perscription pills (3 years ago, and a couple cases of my daughter spending the night on my ex wifes boyfriends couch while she spent the night. I have documentation so that I can prove the above acusations.
My daughter is only 5 but has expressed on many occasions that she would rather live with me and visit her mother, which I know does not play into court since she is 5. I just feel the need to defend myself after the threads I recived back on my inital thread. I have never been found to be a unfit parent.

 

[Zephyr]

I don't think she will be able to do too much with the hospitalization issue- she didn't fight you having the child with you 6 months at a time.....if the prescription drug thing happened 3 years ago and you did nothing at that time through the court I don't think that will help you much either

 

[LdiJ]

Thanks for the comment LdiJ. By all means I have no intentions to purjure myself in this matter. This happened during a emacipation hearing when I was 17 and I was ordered to go to the hospital for observation by the judge. That episode is well behind me and I have been employed in the Air Force for 8 years with no problems in that area. At the time I was unhappy at home, but like I said I have moved on. My main question in this area was if I would have to turn these records over since it happened when is was a minor. If I have to talk about it in court, I will and I will tell the truth, but if by law that area is untouchable, then I would like to keep it that way. I found out that the means that my ex-wife found this out was through my father during a conversation with him.
To clarify a little (sorry for not explaining it all the first time) I have been divorced for 2 years. My current child custody paperwork states that I have my daughter with me 6 months of the year and my ex has her for the other six months. I have orders to Kessler AFB (Biloxi MS) and therefore the parenting plan has to be modifed for my daughter to have a stable school atmosphere and to make a long story short, I feel the place for my daughter is with me and my wife. The reasons I have cited is my ex wifes long/odd hours including weekends, finacial irresponsiblity to include, within the last couple months, a reposesd car to pay for a lawsuit order against her, one case of neglect that resulted in my daughter going to the emergency room for digesting perscription pills (3 years ago, and a couple cases of my daughter spending the night on my ex wifes boyfriends couch while she spent the night. I have documentation so that I can prove the above acusations.
My daughter is only 5 but has expressed on many occasions that she would rather live with me and visit her mother, which I know does not play into court since she is 5. I just feel the need to defend myself after the threads I recived back on my inital thread. I have never been found to be a unfit parent.

Nothing you mentioned above is particularly usable in court, except perhaps her odd/long hours.

The big strike against you isn't your teenage issue, but the fact that you are moving away. In a true 50/50 situation I have yet to see a moving parent get primary custody unless the other parent has become unfit by legal standards, and that doesn't appear to be the case here.

Now, if you already don't live anywhere near each other, then you are probably on a level playing field at the moment, and no one could predict which way it will go. However, I believe you need to produce those records.

 

[acmb05]

Nothing you mentioned above is particularly usable in court, except perhaps her odd/long hours.

The big strike against you isn't your teenage issue, but the fact that you are moving away. In a true 50/50 situation I have yet to see a moving parent get primary custody unless the other parent has become unfit by legal standards, and that doesn't appear to be the case here.

Now, if you already don't live anywhere near each other, then you are probably on a level playing field at the moment, and no one could predict which way it will go. However, I believe you need to produce those records.

He does not need to produce the records. The question in the interrogatories was " Have you ever been admitted to a mental facility," this is a yes or no answer with an explanation. The OP would state yes to the answer and then give a brief description of the circumstances. He could also add that records are available for review if needed by the court. He does not have to allow his ex's attorney access to those records as the interrogatories did not ask for access.

 

[angeleyzad]

just throwing this out there...

He does not need to produce the records. The question in the interrogatories was " Have you ever been admitted to a mental facility," this is a yes or no answer with an explanation. The OP would state yes to the answer and then give a brief description of the circumstances. He could also add that records are available for review if needed by the court. He does not have to allow his ex's attorney access to those records as the interrogatories did not ask for access.

This is just a question that I had - the question that the OP was given was if he was ever in a mental facility....he stated that he was in a regular hospital for observation. Would this be concidered a mental facility? The way the question is worded, it leaves room for interpretation - my personal answer would be no, I was not in a mental facility, although I was observed in the regular hospital for however long, and released with no issues (I'm assuming there were no issues, since the OP was released).

Just my 2 cents, take it or leave it.

 

[LdiJ]

He does not need to produce the records. The question in the interrogatories was " Have you ever been admitted to a mental facility," this is a yes or no answer with an explanation. The OP would state yes to the answer and then give a brief description of the circumstances. He could also add that records are available for review if needed by the court. He does not have to allow his ex's attorney access to those records as the interrogatories did not ask for access.

True. I was under the impression that they had asked for the records. If they did not, then he simply needs to be honest answering the questions.

 

[Gracie3787]

This is just a question that I had - the question that the OP was given was if he was ever in a mental facility....he stated that he was in a regular hospital for observation. Would this be concidered a mental facility? The way the question is worded, it leaves room for interpretation - my personal answer would be no, I was not in a mental facility, although I was observed in the regular hospital for however long, and released with no issues (I'm assuming there were no issues, since the OP was released).

Just my 2 cents, take it or leave it.

I agree but would like to add that he should also add in the explaination that the observation was court ordered during an emancipation hearing. That way it won't leave any doubts as to why he was in the hospital.