Can my ex use my mental health to get custody?

Home Online forum Gingerbread Forum Can my ex use my mental health to get custody?

Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #17483 Report

    Blueboo
    Participant

    Hi I’m new to the forum and need some advice. I’ve been separated from my daughter’s dad for several years and we’ve always had an arrangement where she lives with me and stays with him one night a week plus every other weekend, fairly standard. This has always suited all 3 of us fine.

    Overthe last couple of years I’ve been suffering with very bad depression and anxiety, and no longer work. This has no way affected my ability to care for my daughter, and she is happy and bright.  I did once take an overdose but it was a classic cry for help rather than a genuine suicide attempt. Social services have never been involved and her school have no concerns. I am on medication and waiting for psychotherapy.

    my ex has now suddenly decided that he wants to have my daughter for an additional night every week. Neither I nor my daughter wants to change the current set-up but he is telling me that’s what’s happening and saying he will go down the legal route if necessary.

    My question is – if he does take legal advice, would a solicitor or judge or whatever say that my mental health was a reason to rule in his favour? I always get my daughter to school on time, she’s always clean, fed and healthy and happy. I take her to loads of after school activities and she sees lots of her wider family. If he makes a big deal of my mental health problems would I stand to lose time with my daughter?

    thanks in advance

     

    #17491 Report

    Schubert
    Participant

    Hi Blueboo

    I hope that you’re really well and had a great weekend.

    With regards to the access, the standard access is what your ex has and is reasonable. Many non resident parents are awarded this .

    Can I ask how old your daughter is? This will have bearing in court as they will take into consideration what she wants.

    I appreciate that your ex wants more contact but your daughter doesn’t so is he acting in her best interests?

    I wish you all the best

    #17501 Report

    Blueboo
    Participant

    Thank you Jamiebear, my daughter is 8 and loves spending time with her dad but really wants things to stay as they are. This is what she has got used to and works well with school, clubs, her dad’s work etc. My main issue is that he has bulldozed his way in and told us he’s decided this without having a reasonable two-way discussion about it. If he’d said I really miss her during the week and I’d like to see more of her, and if my daughter had said yes mum I really want to spend another night with daddy, of course I’d have agreed. But because he’s been so forceful about it and upset her by making her go, he’s made the situation difficult. He has insinuated that he’ll bring up my mental health if I don’t go along with his demands so I just wanted to check that it wasn’t a grounds for removing my daughter.

    #17502 Report

    Schubert
    Participant

    I’d take some legal advice on this. I know a wonderful solicitor and barrister

Viewing 4 posts - 1 through 4 (of 4 total)

Log in or register to reply to this thread

Log In Register