After four years of marriage, one Manhattan couple decided to get divorced according to November 7, 2013 New York Post article. The two spouses were parents of a young son and they each had partial physical custody of their child. That means that the son spends time with each of them.

While the divorce case is going on, during one of the usual visits with the father, the son decided he only wanted to go to McDonald’s for dinner as opposed to their usual restaurant. The father told his child that he could not go to McDonald’s, that he would take him to dinner anywhere other than McDonald’s. As a result, the father did not take the son to dinner.

Later on, the son told his mother what happened, and she immediately took him to McDonald’s. The father admitted he was wrong after self-reflection, but that did not stop a psychiatrist from submitting a report to the court that stated that he should not have custody of the child. The report said he was “wholly incapable of taking care of his son.” Therefore, in the expert’s view he was an unfit parent. The court can order that a forensic psychiatrist evaluate the parties in a divorce case to help the court determine custody arrangements. In the end, though, the custody decision is up to the judge.

In this case, the father claims that the psychiatrist never interviewed him. That may indicate a bias in the report. In fact, the man is suing the psychiatrist for defamation and to get back the money he paid for the evaluation. Defamation is when one says something that is not true. As the divorce case continues, it will be interesting to observe what happens with the psychiatrist’s report in court.

The law office of Jayson Lutzky, P.C. handles divorce and family court cases. The attorney has represented thousands of highly satisfied clients over the past 31 years in New York State. He has an office in the Bronx and offers free in person consultations. To set up a confidential appointment, call Mr. Lutzky office at 718-514-6619, especially if you already have a court date. Visit for more news and resources.