my husband is trying to win custody of my son by claiming that i'm mentally ill, he says i've been prescribed medications for depression in the past and that i didn't take it but that was more than a year ago and i am fine and i dont need to take any meds now, i just had an evaluation by MD that said that i don't need meds.
So how can i proof to the court that i am not mentally ill and that i am a fit parent and that in fact my husband is the unfit one? What do i have to do to get custody of my baby? Please, help with advice.
2007-11-05 08:33:38 · 14 answers · asked by Lilly B 1 in Family & Relationships ➔ Marriage & Divorce
I believe the burden of proof lies with your husband.....You said you had an evaluation by a MD....take that evaluation to the courts....
2007-11-05 08:41:47 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Just because you were prescribed medication for depression doesn't make you an unfit parent. If you were diagnosed by a phychiatrist with a mental illness and refused to take medication (a mental illness is different than depression), he can try, otherwise you have nothing to worry about. He would have to prove that you are mentally ill. You could easily defuse the situation by getting a psychological evaluation. I wouldn't do it unless you are ordered to by the judge. Custody battles tend to get "ugly" and he's playing dirty, don't let him get to you. Stand tall, be a good parent, fight fire with fire.
2007-11-05 16:55:12 · answer #2 · answered by Nikki 3 · 0⤊ 0⤋
There is probably a more in-depth legal angle to this; however, any claim your husband makes has to be substantiated or proven. If you have an evaluation by an MD that is recent and says you don't require medication that should be enough evidence.
If you speak with a counselor and can arrange for them to testify at your custody hearing, what the counselor says on the stand can be admitted into record.
Basically in short, the judge has to be reassured that you can take care of yourself, take care of your child and have a good support system in place. Is one of your parents available for periodic baby-sitting? good friend? brother, or sister?
Above all, if questioned in court, speak clearly and respectfully to the judge or the other attorney and don't appear nervous or flustered. If it is possible, go to the court when it is not in session so that you can be comfortable in that room -- sometimes big rooms can make people nervous when they speak. Walk around. Get a feel for the room and sing a little song to yourself. Realise how your voice sounds in that room.
I used to speak at professional conferences and I always checked out the room the day before I had to give a talk.
I wish you all the best for you and your baby.....Finn.
2007-11-05 16:47:45 · answer #3 · answered by Finn 3 · 0⤊ 1⤋
If your husband is claiming you are mentally ill than the burden of proof is on him to prove you ARE in fact mentally ill...however it wouldn't hurt to have a notarized affadavit from your health care provider that states you are mentally capable of parenting and in no need of medications or treatment for any type of mental illnesses.
Why do you believe the father to be unfit? If you have proof that he is unfit present it at court...but don't go in to court just throwing accusations...have hard copy proof to back it up
2007-11-05 16:42:46 · answer #4 · answered by Notagain 6 · 1⤊ 1⤋
Just get a really good attorney and let him do the worrying for you. Listen, it's pretty hard to prove unfit. And he would have to prove you unfit to get custody. So calm down, it's most likely not as bad as you think. Relax. People take anti depressants like I take vitamins. It's common and it doesn't mean you are unfit. Just get a good attorney and pay him to handle your ex whose obviously being a controlling jerk.
2007-11-05 16:52:00 · answer #5 · answered by oh_my_its_linda 4 · 0⤊ 0⤋
You are worrying too much. Judges see through vengeful custody battles. Imagine how many he sees per day. Don't please Don't try to claim he is the mentally ill one, or you will come off like 2 year old siblings claiming the other one did it. Judges have to have proof of you being an unfit mother to take your son because they know how much momma means to the kids.
2007-11-05 17:45:07 · answer #6 · answered by Karmin T 2 · 0⤊ 1⤋
Lilly B;
I think that you would do well to not worry about this as much as you are. Work with your husband and explain things to him. You say you have a recent evaluation. Take that to him and show him.
Then, stop looking to the courts to solve your problem. You and your husband, even though you are having difficulties now, need to set aside your personal differences and talk about how the children will fare. This is the most important issue of the divorce that you or your husband or both have decided to do.
Remeber, the children are the most important thing. Explain to him that you want to share custody with him. Show him that you want to be an ally for the sake of the children. Don't try to take custody from him because they need him. He should not be trying to take custody from you because the children need you as well.
God Bless
Frank Pytel
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2007-11-05 19:03:54 · answer #7 · answered by Frank Pytel 4 · 0⤊ 0⤋
Work with your lawyer to find work with a psychiatrist who can help by providing a clinical evaluation prior to the hearing on custody. You can also take some child care/CPR/parenting classes if you haven't already to show your commitment to being a able parent.
2007-11-05 16:43:29 · answer #8 · answered by ? 6 · 0⤊ 1⤋
Go to your local county mental health building and ask to be evaluated. Tell them everything about your past, and how you're sure that you're better now..then ask them to give their honest opinion (in writing for the Court). If you truly are better now, they'll know..and will document it accordingly for you. Good luck!
2007-11-05 16:51:28 · answer #9 · answered by :-) 6 · 0⤊ 1⤋
I'm not an attorney but I believe it would be up to him to prove that you are, not the other way around. They're not going to just take his word for it, you'll probably all be ordered to get a psych eval and some tests (including him).
2007-11-05 16:39:22 · answer #10 · answered by Anonymous · 0⤊ 1⤋