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Motions for psychiatric evaluation in a trial

Discussion in 'Expert Witnesses & Investigators' started by Batjuby, Apr 19, 2017.

  1. Batjuby

    Batjuby Law Topic Starter Guest

    Jurisdiction:
    Virginia
    I am divorcing my wife who has shown signs of, but has not been diagnosed with a personality disorder (either borderline or narcissistic) .

    What is the best way for me to get her evaluated? What should an Affidavit include?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Ask the judge to order the evaluation.

    Whatever you think would convince the judge to order one.

    You know your wife better than I do.

    Why do you want her evaluated?

    What's your goal?

    Does this have anything to do with custody? If yes, you have to realize that the standards for motherhood are very low and a psychiatric evaluation might not get you anywhere even if you can get the court to order it.
     
  3. army judge

    army judge Super Moderator

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    You'll save yourself a great deal of time, an excessive amount of aggravation, and get your divorce within a couple of days if you forego trying to prove she's a looney.
     
  4. Batjuby

    Batjuby New Member

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    Thanks for your reply. It's not a custody issue, although I am concerned about my step kids.

    I would like to have her evaluated because she has all the signs of borderline personality disorder or which is negatively affecting her children especially the youngest 11-year-old boy. That's the main reason I would like the evaluation.

    My motivation is to get her the correct therapy for her children sake and so that her life will be better, even if she is with another man now.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I applaud your efforts to protect your children but it's not going to happen.

    You will need to file for custody and "prove" (with EVIDENCE that already exists) that her mental issues are a danger to the child.

    It it highly unlikely that any judge will order a psychiatric evaluation based on just your allegation that

    No matter what you put in the affidavit if that affidavit is not already signed by a psychiatrist.

    Judges hear people making those kinds of allegations about their exes every day of the week.

    Can I tell you what kind of lunatic my ex wife turned out to be? Could I prove it in court? Of course not.

    If you want to pursue this I suggest you consult an attorney. But I think even an attorney won't get very far with this although he will be happy to transfer your money into his bank account for the effort.
     

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