Child custody rights and parent's mental care needs (Question)

By BOSTON on Wed, 08-17-11, 21:22

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Parents

I have a legal question. Here it is… What kind of legal trouble will I face with my joint court order custody of my 5 yr old daughter I have with my pending ex-wife if I were to say, have myself checked into a psychological care facility for bad depression and mood swings and end up maybe being released into a half way house like facility afterwards? Heck of a long question. Sorry about that.

Here are some details that may better help in answering this question. I am currently in limbo with my divorce from a very nasty woman. We have a joint court order custody of our 5 yr old daughter, but I almost never have my daughter in my care do to money troubles to cover the cost. My pending ex-wife has made it very clear that she wants to take me back to court and get full custody of our daughter because I am not honoring my end of the joint custody order nor help money wise with my daughter. I am broke and barley surviving. It’s not a choice I am making, but a struggle to survive I am forced in doing. My pending ex-wife hates me and has done a lot to hurt me including using issues of our daughter against me. Name it, this woman has tried it.

I am suffering from bad moments of depression and mood swings (non-violent mood swings) and both are getting a lot worse by the day. Nothing seems to help control them. I am actually in therapy and therapist knows all about the depression and mood swings but has not been able to help. I am very concern to where all this is taking me and so wanting to get it under control before it goes too far. I have no health issuance or money to cover any treatment and don’t qualify for any public or private assistances. Got no family to turn to for help either. What do I do to stop my depression and mood swings from going to a very bad point?

If I check myself into a psychological care facility, I know I can never return to where I am living now. It’s partly what is causing my depression and mood swings. Without family or money and can’t return here (where I currently live), once treatment for my issues are in place, they will release me. I am assuming it will not be out on the streets, but rather in a half way house of some sort.

I am trying my honest best to be a loving dad to my daughter and there for her, but anything like mental care issues with me my pending ex-wife finds out about, I can guarantee she will use it against me in court to get full custody of my daughter and if possible, end any visitation rights for me to even see this kid. If I try to get help for myself this way, am I gonna loose my custody rights to my daughter?

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By anonymous0327 on Thu, 08-18-11, 06:37

This is such a terrible predicament to be. I've faced it; you know the right thing to do, or best thing, is to get help for yourself so you can be a better Dad, but then face the worry that it will be held against you.

If she doesn't find out, you're fine. I get that if she does though, it may not be good for you. It's completely unfair; we all go through hard times.

It sounds like money is a huge limitation which really affects almost every avenue. May I ask why you won't be able to return to where you live now if you go seek help?? You can sign yourself into the hospital/mental unit. That's not wrong of you...it really can only be held against you if you are 302'd...when someone else signs you in against your will type thing. If this worries you nonetheless and ruins your ability to remain in your current living situation, have you thought of getting into a support group for depression? Or possibly for single parents? Maybe try with some lower key options before jumping right into something like a hospital or halfway house of some sort?? Usually hospitals hold a lot of support groups. You could also google it.

I guess it's really just about finding all the resources available to you and choosing which may be helpful, but not detrimental to your situation. All in all, I've always been told by attorneys and therapists that something like this can't be held against you especially because you are choosing it...which says a lot about you and your stability.

"People with Borderline Personality Disorder, like myself, are like everyone else, but more. When we are happy, it is more than you. When we suffer, it is more than you."

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By patrice1020 on Sun, 01-29-12, 20:34

Well the bad news is, is that she may try to get sole custody over your daughter. In fact, she will. If you are really feeling this way, please try to go to a therapist first, who specialize in this, and I believe that will help you. I hope this help! Remember you are awesome in your own right! You are great and always when you have one negative thought, then try to have a positive thought right after it!!!

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