Legal Question in Family Law in New York
Joint Custody- Mother diagnosed schizophrenic
I share joint legal custody of my son with ''parenting time'' on Thursdays- Sundays. I am currently in court to fight for full custody because of his mother’s current irrational/mentally unstable behavior since she left court- ordered rehab (he was born there.) During the proceedings she was involuntary committed to the hospital after almost burning her house down and putting herself/others in danger. Since she has been in the hospital I have been issued temporary full custody of the boy. I found out that she has been diagnosed with bipolar disorder and schizophrenia and refuses to accept she's mentally ill or to begin treatment. In all honesty, does this give me a ''golden ticket'' in obtaining full custody permanently even if she begins to take her meds. since these are “chronic” diseases? I’m worried I’ll obtain full custody and she will fight for joint when and if she gets better. The court issued her joint custody with my agreement that her last stint in rehabilitation had corrected her problems even though she had been involuntary committed for suicide attempts/mental illness and substance abuse in the past. I’m concerned she will obtain joint again in the future, and only fall back into her psychotic episodes.
1 Answer from Attorneys
Re: Joint Custody- Mother diagnosed schizophrenic
There is no way to assure you what the outcome will be in your situation. The standard the court will use is "the best interest of the child" and there are several factors that will be weighed in light of that. The mother's mental stability, although a factor, is not dispositive of who actually gets sole custody or if joint custody will be awarded. I hope you have a very good family court attorney to represent you.
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