I’m representing myself in a legal conflict with my ex-wife over a possible modification in custody for our two children. We have been divorced for about eight years, but this issue has never gotten better.
I would prefer not to discuss my health or medical-related issues during this process, and these issues have never come up or been factors in any previous proceedings. If they do come up, can I refuse to answer them or stat they they’re irrelevant?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Each state bases their modification of custody upon a variety of factors. In the state where I practice, the courts do consider the physical health of each parent as a factor in child custody determinations.
So, depending on the nature of your health/medical condition it may or may not be relevant to a custody determination. However, you do always have the right to lodge objections on the basis of irrelevance during the deposition and litigation.
You will still be required to answer the question, but the objection will be noted for the record. In the event that this goes to trial, then the judge would ultimately decide whether that testimony was relevant or not to your litigation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.