How to Introduce Mental Health Testimony

[Sleepi]

Greetings,

(Problem #1) I am a father in Hall County, Georgia representing myself in a divorce/custody battle. After 2-1/2 years and $52,000 and two attorneys I have been dropped for non payment. Our division property has been settled in mediation for the most part. Now I am just fighting for my two babies (my 4 year old little boy and my 3 year old baby girl). Our judge is female and has already made the remarkm in open court that... "the scales are obviously tipped in favor af the mother because she has carried the babies for 9 month... sure men can change diapers, but women, they can multi-task". My final trial began this past Monday and Tuesday (July 30-31, 2012). My wife's attorneys went first and called me to testify first. After about 5 hours they finished and called my wife. After about an hour or so they turned her over to me. I am in no way shape or form an attorney, but I do my case very well so I managed to cross-examine her for about 3 hours before her attorneys objected to a question I asked involving something that she said to me in a joint counseling session. Now this is where I need 1 of my 2 precedents...

I'm about as average as they come, but my wife has attempted suicide 3 times and has issues decerning fact from fiction (she lies a lot). We have seen a particular counselor since before we were married, throughout out mariage, and I still continue now. This counselor knows everything there is to know about the two of us including all the lies and suicide attempts (which my wife has denied under oath, on the stand, and during her deposition). Now her attorneys are trying to block any testimony from this counselor under HIPA ?? claiming doctor-patient priveledge. I understand there is such a thing, but I had 2 very good attorneys and the counselor has been an expert witness for well over 10 years in child forensics and none of them thought this to be an issue. Now I'm representing myself so I don't know much about anything, but it seems the judge is believing my wife's attorneys and not going to let in the counselors testimony which would blow the top off the courthouse if she got heard...

So I'm asking for something to throw at the judge showing where a counselors testimony is addmisible somehow. Now I have seen the counselor by myself, my wife has seen the counselor by herself, and we have gone together if that make any difference.

(Problem #2) This counselor I spoke of became severly ill over the weekend and had emergency surgery on Monday when my trial began. The judge rescheduled her testimony for next Wednesday, August 8th. As I'm not an attorney, I understood the judge to say on Monday that my wife's side could begin calling witnesses then, but I would wait until the following Wednesday when my expert was available to call all mine. Well, Tuesday afternoon when my wife's attorneys wrapped up the judge asked me to call my first witness. I told her I had none because I was calling them all Wedneday. My wife's attorneys started whinning and the judge said now. My Worship Pastor was the only person there so I called him trying to stall until some others could make it. We wrapped up just before lunch, so I thought we could break for lunch and then they would be there. The judge said no to lunch and call someone right now. I had no one else but myself at which time I was intending to present all my evidence (rope, knife, photos, medical records, charts. graphs, psychological evaluations, ect) (non of which I had prepared since I picked up my files from my previous attorney only the Wednesday night before). The judge for me to take the stand if I wanted. I replied I wished to testify myself after my expert had gone (so I would have some time to prepare and I would be the last person the judge sees and hears before deliberating). She told me to take the stand now or never. I told her I would have to decline, but that I objected strongly. She over ruled...

So I'm asking here for something showing that a judge can't force someone to take the stand in certain order for the sake of time alone. Or that a judge can't prevent someone from calling witnesses when and in the order they wish. They judge started complaing about wasting the court's time resources, but I don't see any solid reason she can keep me from calling myself to the stand after my expert goes on next Wednesday, but that is exactly what she is going to do. I have not been able to present ANY evidence what-so-ever and my only testimony was an examination by my wife's attorneys. I have a pile of strong credible evidence that will slam the door on this thing, but if it is not heard or seen and I lose it will be an absolute travisty. Two innocent little lives will be wrecked without any doubt.

(Problem #3) I have a mediation agreement signed by both of us and our attorneys at the time. The jest of it was my wife gets most all the belongings in the house, but she is to pay me one half our marital debt ($80,000) which is all in my name. She agreed to pay me $750 per month as interest only until such time the she can payoff the entire $40,000 lump sum. Now her attorneys are trying to get the judge to alter the signed mediation agreement wipe out the payments and debt she owes me completely...

Any precedents, comments, or insight into this would be greatly appreciated as well.

As I mentioned, I am representing myself in the fight of my life for my two babies. Any help, advice, direction, would be so greatly appreciated. Of course time is of the essence as I am schedule back in court next Wednesday, August 8th, 2012.

THANK YOU IN ADVANCE

[horsetrader]

I am not sure what the problem is. The judge is allowing your witness to testify next week, yes? What is your goal? Full physical custody? Are you trying to demonstrate that Mom is a danger to the children or that her problems detract from her parenting ability? An independent forensic exam would be the best way to go in that case, but the judge must order one. Where are the children now?

Is there any way for you to hire another attorney at this point? I think you really need to be represented.

[tex11]

...I have a pile of strong credible evidence that will slam the door on this thing, but if it is not heard or seen and I lose it will be an absolute travisty...

Any precedents, comments, or insight into this would be greatly appreciated as well.

If you think your counselors testimony will slam dunk your case or blow the top off the courthouse as you say, that is far from a given.

The discretion the judge has to weigh your evidence is almost absolute in child custody cases. Even if you had a bona fide psychological evaluation report that strongly recommended you be given custody, the judge has the discretion to ignore it and do the opposite. Seen that happen.

It does not matter how strong and credible your evidence is, if there is ANY evidence AT ALL to support the judge granting custody to your ex, the ruling will stand. And on a preponderance of the evidence standard, no appeals court will second guess the court on the relative weight of the evidence.

Given that (1) you already know your judge is strongly inclined to given custody to mom, (2) you are going to trial without an attorney, and (3) you are apparently not giving the judge the warm fuzzies about you personally, its not hard to see where this is going.

Not saying you should not fight the good fight as father, but be prepared for the fact that despite all of "your strong credible evidence", it may ultimately not be enough.

[Sleepi]

Thank you for your reply! Sorry to say that no I cannot afford another attorney at this point. My previous attorney needed another $5000 to continue. I just couldn't come up with it so he withdrew from my case two weeks ago.

The judge is going to let my witness take the stand, but the opposing counsel has already cited several precedents in blocking her testimony. I afraid that the day of trial she'll be denied and me not being an attorney and having a rebuttle or precedents to cite not much of the conselors testimony will be allowed. The main points of her testimony would include several suicide attempts by my wife and many instances of purgery.

I have tried several times during mediation sessions to reach a joint custody arrangement which would involve both of to move closer together (she left and moved in with mother about 1-1/2 hours away). There would be no way to have a joint arrangement when the children started school, so in light of my wife's push for full physical custody I was inclined to ask for the same.

We have had both psychological and custody evaluations done by two independent psychologists. The test scores and data all fell clearly in my favor, but neither specialist would recommend anything but joint custody in their summary.

For the past 2-1/2 years we have joint legal and physical custody which was order at an temporary hearing. During this time my wife has kept the children from me for 61 days, changed their doctor's 4 different times, taken our son out of a Christian daycare and enrolled him in another, taken both children out state (all without my knowledge or consent). She's nuts!

Thank You for your help and interest...

[tex11]

Only two weeks away from a custody trial, you had better legal options than to allow your attorney to simply drop you and leave you dangling. But that is water under the bridge.

A counselor's testimony contradicting your ex's sworn statements does not mean your ex will be deemed to have committed perjury.

Mom is free to take the child anywhere she pleases on her time, without your permision, including out of state. Works both ways.

Now that she is living with her mom, that is in her favor since she has family support with child care, and depending upon her financial circumstances may be more out of necessity than convenience.

Painting mom too negatively (ie; nuts) will likely work against you, and show the court you two are clearly unable to get along. Joint physical is only practical where both parents can work together in the childs best interests.

So even if she had not moved, and in light of the obvious acrimony, it is quite likely the judge would have ended the joint physical arrangement anyway.

[Sleepi]

Tex11... Have I offended you in some way? You have not offered a single shred of advice, but rather choose to criticize my every word! You only know the few minor details I have shared here, but yet you are acting as judge, jury, and executioner!!

I thought these forums were to be a form of help and assistance for those of us who desperately need it, but couldn't afford it otherwise. I need help! I do not need to be beat down in a negative light!!

If you don't wish to lend assistance that is quite alright, but please don't be so negative to others...

Respectfully,

Sleepi

[tex11]

Interesting response... entirely reactive and irrational...

[horsetrader]

Tex just gave you very good advice. Painting your wife in a negative light just may backfire on you in court. You stated that your wife was suicidal and had made several attempts to commit suicide. I then asked you if she was a danger to the children, and you responded by saying that she's "nuts" because she put the children in a different school. Is that what you intend to tell the judge?

This is not a Do It Yourself project. You really need to do what it takes to secure a family law attorney- borrow money from family, sell a car, take out a loan, because your plan is looking pretty shaky.

[Sleepi]

Tex, again if I offended you in someway I am sorry! I just don't understand the negativety in your comments (I guess)??

Horestrader, thank you again for your response and advice! I am completely and totally out funds and resources. I have many assets for sale, but nobody is buying. Believe you me if I could have an attorney present I sure would in a heartbeat. Also I don't know if I said, but we are amidst our final hearing. Two days of testimony last week and our last day will be this Wednesday. I have been backed into a corner from lack of money, but I have to fight a good fight for the sake of my babies.

I am a calm and gentle man in every sense of the word. Her attorney had me on the stand for 6 hours I then had my wife on the stand for 5 hours. Not once did I insult her or degrade her or lose my composer, or even raise my voice out of respect for the mother of my children and honor of our court. I am not an angry, hotheaded, wife bashing type of person. I loved the person I married and had two children with (and still do to point I guess). Sure I made a few cracks about her outside the court like "she's nuts", but to the court I explained that she is mentally, emotionally, and financially unstable and over the next few days will present the evidence to show just that. Believe it or not the judge actually complimented me on how well I was doing for not being an attorney.

I have two independent evaluations (one psychological and one custody) (that were done at her request) as well as my own expert to testify on the same matters. Once again, my problem is that although the two psychologists recognized her deficiencies they still leaned toward joint custody in their summaries for the sake of the children. I would say that would be the judge's decision pure and simple, but my wifemoved an hour and a half away and is unwilling to comprimise and move somewhere in the middle (which I've offered to do) so joint just will not work. My expert on the other hand who has counseled us both for the past 6 years knows my wife and all her issues well and whole heartidly believes I should be awarded primary custody and wishes to testify to that fact. But again, my wifes counsel is attempting to block her testimony by use of precedents concerning doctor-patient priveledge. In my original post I was asking if anybody knew of some precedents here in Georgia that I could cite to have the counselors testimony admitted?

[horsetrader]

I did some quick searching...and found this presentation by a Georgia firm which may be helpful to you.

http://www.ksfamilylaw.com/pdf/Admis..._Testimony.pdf

Also from the same website, a newsletter with examples and pertinent case law, which you should examine closely.

http://www.ksfamilylaw.com/pdf/flsmay05news.pdf

Good luck.