Quatela Chimeri, PLLC

Could military service have negative impact on child custody?

Many Americans serve proudly in the military only to witness harrowing acts that may leave them physically and mentally scarred. In most cases, servicemen and women are all too happy to get back to their loving families and work to overcome any trauma they may have experienced. Unfortunately, some New York military members may face additional difficulties if their service is used against them in child custody disputes.

One man in another state is currently dealing with such a scenario. It was reported that the man had served two tours of duty overseas, and during one of those tours, he suffered through a traumatic experience that resulted in his developing post-traumatic stress disorder. The man and his wife divorced four years later, with each sharing custody of their children.

More recently, the man's wife filed for full custody and cited the man's PTSD as part of the reason. However, the man's condition has apparently not contributed to any negative interactions with the children. He is currently facing legal difficulties as he declined to sign a court order for his mental health records, which is information he does not wish to disclose as a matter of pride. Though the man has a right to privacy, this refusal may impact custody outcomes.

When dealing with sensitive matters as part of child custody disputes, the proceedings can easily become complex. If New York residents are facing similar situations as this man, they may feel as if they are facing a losing battle. However, individuals could gain assistance from experienced attorneys who could provide useful information on legal options and offer support during these trying times.

Source: 12news.com, "Can military vet's PTSD records be used against him in child custody dispute?", Joe Dana, July 25, 2017

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