A story was posted today about NBA star Dwayne Wade's custody & visitation case against his ex-wife (http://msn.foxsports.com/nba/story/dwyane-wade-ex-wife-siohvaughn-funches-ordered-to-turn-over-kids-073113).
The story states, in essence, that Wade lost a motion to suspend visitation for his ex-wife to see their 2 children. The motion, filed by Wade's lawyer, alleged his ex-wife has been exhibiting bizarre behavior, dating back to the parties' divorce proceedings.
While certainly I don't know all the particulars, it would appear to me that Wade acted too late. If he had legitimate concerns about the mother's psychological fitness, he needed to have raised them in the divorce proceedings. Instead, it appears he waited, allowed those proceedings to conclude, and then filed this post-judgment application.
The lesson appears to be that if the custodial parent believes the non-custodial parent has psychological issues so great that s/he shouldn't visit the child(ren), the custodial parent must bring these concerns to the Court's attention immediately.
Implicitly, if the custodial parent fails to act immediately under these circumstances, s/he is saying the concern may be present, but no imminent risk appears to exist. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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