Lawsuit claims examiner was biased
A mother who lost custody of her two children has filed a lawsuit against the psychologist who examined her family, claiming he was biased toward her ex-husband. Victoria Wesolowsky; her husband, Gerald Wesolowsky; Ashley and Scott Marchezak; and Geri Ann Wesolowsky are listed as plaintiffs in the matter. Geri Wesolowsky is the daughter of Victoria and Gerald; the Marchezaks are Victoria’s children with Brad Marchezak. Victoria Wesolowsky had primary custody of their children for 11 years, according to the suit.
The suit, filed by attorney Phyllis A. Jin, states that Dr. Paul M. Bernstein was a court-appointed neutral evaluator. He was to examine the Wesolowsky family and Brad Marchezak’s family as part of a court proceeding to determine if Wesolowsky should continue to have primary custody, according to the suit.
The suit claims that Bernstein, who has offices in Westmoreland and Allegheny counties, failed to neutrally evaluate both families, favoring Marchezak’s family over Wesolowsky’s.
Jin’s complaint also alleges that Bernstein presented “unfounded and false allegations” against the Wesolowsky family in his report to the court. Those allegations were not specified in the lawsuit, but Jin wrote that Bernstein did not provide justifications for his allegations.
“As a result of defendant Bernstein’s biased, prejudicial and false evaluation and recommendation, the court changed primary custody to Brad Marchezak, despite the fact that (Wesolowsky) enjoyed primary custody for 11 years,” wrote Jin.
Berstein’s report has caused Wesolowsky’s family to suffer depression, “guilt over false allegations,” lack of trust in relationships, and other psychological and emotional problems.
Bernstein, “not only acted negligently, carelessly and recklessly, but also acted maliciously, outrageously, unprofessionally, and with total disregard for the rights and feelings of … the family unit,” wrote Jin.
The Pennsylvania Bureau of Professional and Occupational Affairs, the body which governs Bernstein, is also named as a defendant. Jin alleges that the agency did not properly investigate Berstein’s conduct, even though it was made aware.
The Wesolowsky family is asking for a judgement in excess of $25,000.