Legal Question in Family Law in California
Would stigma of psychiatric disability hurt my custody?
My kids' father and I are not on the best terms. (Never married) I have the children and he only sporadically sees/supports them. We live with family.
I have been disabled for 2 years, with moderate-to-severe depression and severe myofascial back pain. I have not been able to work since 2002, but have been caring for the kids fulltime.
If I apply for SSDI or SSI and present an ugly but true psychiatric picture of myself and am granted benefits, assuming I mention none of this to their father, can he somehow get and use the information presented in the SS hearing against me if we ever have a custody battle? I am trying to weigh the benefits versus the stigma and possible legal quicksand.
1 Answer from Attorneys
Re: Would stigma of psychiatric disability hurt my custody?
Dad might or might not find out about the SSI petition or your psych history. You have a bigger potential problem. The LA County social workers could find out, and you might then be fighting to keep your kids not only from Dad but from some county "placement" that you would have no control over -- and where they could be injured or killed.
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