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Lawyers at Parent Psychiatric Evaluations

By Janice G. Inman
January 31, 2013

When parents involved in custody proceedings are ordered to undergo a psychiatric evaluation, are they entitled to have their attorneys present during these interviews? According to the widespread reading of New York common law, the answer has generally been, “Yes.” However, in M.A.M. v. M.R.M., 2012 N.Y. Misc. LEXIS 5644; 2012 NY Slip Op 52299U, a New York trial court recently questioned this common interpretation of the case law, and ultimately determined that it is flawed.

What can litigants, their attorneys, and their medical examiners expect from the courts when this question arises?

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