Legal Question in Family Law in Minnesota

Can my ex wife lose custody of child if she has bipolar and has a medical opinion form stating that she has Major Depression recurrent, mental illness, and chemical dependency, and the doctor states that the patient can't work in the foreseeable future?

There are many other factors involved as well, the parents have joint custody with week on week off parenting time, she is not talking with the ex husband about the child (school, counseling, daycare, etc.), bf attempted suicide while the child was in the home and he has a history of abuse, sexual assault, DUI, and drug possession, the mother cannot keep a job, cannot pay her bills, and her family wants nothing to do with her.


Asked on 9/25/12, 9:33 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

The question is how does the diagnosis affect parenting? That is the critical issue.

Once custody has been established, it is very difficult change. The standard of review is elevated and it requires a showing that the child is endangered either physically emotionally, or developmentally AND the benefit of the change outweighs any harm caused by the change. This is obviously a steep burden and, as a result, careful preparatin is required before filing such a motion or responding to such a motion. You must consult with legal counsel.

For a consultation call 612.240.8005.

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Answered on 9/25/12, 10:47 am


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