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Lawyers at Parent Psychiatric Evaluations

By Janice G. Inman
February 27, 2013

Parents embroiled in custody disputes are often ordered to submit to a psychiatric evaluation, which the court may later consider in making its ultimate decisions. Because of the sensitivity of this type of exam, some attorneys or their clients will deem it imperative that the examinee's attorney be present. As we saw in Part One of this discussion, most of these requests are honored without opposition. Even when an opposing party or the doctor who will conduct the examination complains that no third party should be permitted to attend, courts in New York have generally allowed those undergoing physical or psychological exams to bring their lawyers into the examination room with them. The trial court in M.A.M. v. M.R.M., 2012 N.Y. Misc. LEXIS 5644; 2012 NY Slip Op 52299U, analyzed the common readings of New York precedent and found it prudent to bar an attorney from sitting in while his client was examined in conjunction with a child custody case. We continue our discussion of the rationales behind this decision herein.

New York State Precedent: Many Views

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