• New York attorney David Schorr, 43, says  his son Max demanded to go to McDonald’s recently and ‘threw a tantrum’ when he  said no
• He says he refused because the boy had  been eating ‘too much junk food’
• The boy later tattled to his mother, Bari  Yunis Schorr, who reported the incident to psychologist Marilyn  Schiller
• Dr Schiller later told the court the  father was ‘wholly incapable of taking care of his son’ and should be denied his  weekend visitation
• The couple, who split in 2011, are in the  midst of a custody battle

By  Helen Pow

PUBLISHED: 16:01 EST, 7  November 2013 |  UPDATED: 17:59 EST, 7 November 2013

An outraged father is suing a child  psychologist after she dubbed him an unfit parent because he refused to take his  five-year-old son to McDonald’s.

David Evan Schorr, 43, an attorney from the  Upper East Side, says in a civil lawsuit that he planned to take his son Max to  their ‘usual restaurant’ on a recent custody visit but the child demanded to go  to McDonald’s and ‘threw a tantrum’ when he said no.

The father drew the line at the unhealthy  burger joint because he felt Max had been eating ‘too much junk food,’ the court  papers state, so Schorr gave the boy an ultimatum: dinner at any other  restaurant, or no dinner at all.

 

McDonald’s: Schorr drew the line at McDonald’s,  pictured, because he felt his son had been eating ‘too much junk food,’ the  court papers state

‘The child, stubborn as a mule, chose the “no  dinner” option,’ the suit states.

Not wanting to reward his bad behavior,  Schorr stood his ground but when he dropped the hungry boy home later that  night, he apparently tattled.

The child’s mother, Bari Yunis Schorr, with  whom Schorr is in the midst of a bitter custody battle, immediately called their  court-appointed psychologist Marilyn Schiller and reported the incident,  according to the suit.

The Schorrs married in a lavish ceremony at  the St. Regis Hotel in Manhattan but just four years later, in 2011, Mrs Schorr  sued her husband for a divorce.

 

Lawsuit: Child psychologist Marilyn Schiller, pictured,  is being sued after she allegedly dubbed New York father David Schorr an unfit  parent because he refused to take his five-year-old son to McDonald’s

She recently filed motions asking the judge  to punish her ex for flouting court orders and for a judgment on nonpayment of  child support, according to The New York Post.

After Dr Schiller heard about the McDonald’s  incident, she demanded Schorr submit to a forensic examination before a custody  trial with his estranged wife, the suit states.

Dr Schiller allegedly only interviewed the  child and his mother then told the court the father was ‘wholly incapable of  taking care of his son’ and should be denied his weekend visitation.

The furious father says he’s had partial  custody of his son for two and a half years and it’s always ‘run smoothly  without incident.’

 

Custody battle: After dropping his son home hungry,  Schorr’s ex-wife, Bari Yunis Schorr, pictured, reported the incident to the  court-appointed shrink, the papers state

He says in the suit that he wished ‘mightily  that he had agreed to McDonald’s in the first place’ but believes he needed to  set an example.

Schorr is now demanding the shrink return the  $2,750 he paid for the evaluation he claims was a sham and based entirely on the  McDonald’s incident.

Dr Schiller told the New York Post she could  not comment on the details of the incident, saying only: ‘I am conducting a  forensic evaluation on this matter. I will be issuing a confidential report to  the court and the matter will be tried by the court.’

Bari Schorr’s attorney, Louis I. Newman, said  the litigation did not involve his client and refused to comment.

The custody trial resumes in  December.

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