Legal Question in Family Law in Michigan
Custody
Is a mother who tried to commit suicide a couple times before and got the help she needed, able to keep custody of her kids? Also, do the kids have a saying in who they want to live with after the divorce?
2 Answers from Attorneys
Custody
Suicide attempts might be weighed by the judge in making a custody ruling. If the mental health issues have been addressed since the attempts, the judge would consider that also. The children cannot decide where they want to live but the law would allow them some input if the judge felt that the child was old enough and mature enough to express an opinion. You really should be represented by an experienced, aggressive attorney if you are concerned about custody issues.
Re: Custody
Trying to commit suicide is a pretty extreme action so a court is going to look at your past with deep scrutiny. Also, by taking that action, you have clearly jeopardized the child or children involved because you were going to leave them without one parent. Therefore, you have given the other side lots of ammunition to use on you. On the other hand, once you have custody it is difficult to change because the burden of proof is very high. These cases are difficult and you should have very competent counsel. William S. Stern