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What has happens if I refuse a request from the forensic evaluator?

  • By: David Bliven
  • Published: October 20, 2021

Q: Is it a regular practice for the evaluator to bring the both of us together? Three years ago I was abused by him. I have avoided physical contact with him for almost two years now. Last year he filed for sole custody. I wanted joint but he refused. I cannot be in a confine space with him. It triggers memories of the abuse. He has accused me of lying, claiming it never happened. My mistake was not reporting it to the police but I did not want to lose or hurt my kids. My hands shake, words are difficult to get out, and fear comes over me when ever I physically see him. If I refuse the joint visit will the courts reprimand me? Because court has been virtual I have been okay. Even in a court room there are officers around. But in a small space and inches away from each other, it gives me anxiety.

 

A: It is not a usual request, though I have heard of that being done to assess the propriety of joint custody. Unless the order specifically directs this joint session, then I’d suggest to relate your concerns to the forensic & see what s/he says. If need be, you can always bring it to the attention of the Judge. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.

David Bliven, Esq.

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