Illness and costody

[JUfford]

I live in Indiana, and my daughter lives in Iowa.
I have a general question about what a court looks at when taking custody into account. My daughter's mother has ... MS. (In a slightly dormet stage atm, thank god). I'm about to be taking her to court to get joint custody. I probably wont' say anything about this in court, but I am wondering if it would be a deciding factor if i did.


Bouncing thoughts off everyone

 

[Jillian483]

The following

The courts usually look at the following:

Whether either of the parties have primarily provided the care for the children in the past.
- What the parents want and why.
- What the children want and why.
- How the children get along with each of the parents and others
- How the children are doing in each household, and how they do in school and the community.
- Whether the parents use appropriate discipline and reinforcement.
- The mental health of each of the parents.
- The mental health of the children.
- The physical health of each of the parents.
- The physical health of the children.
- Whether the parents have any problems which effect the children?s best interests - For example - drug use, alcohol abuse, physical abuse of the children or the other parent, and criminal history in some cases.
- Which parent is more likely to work well with the other parent regarding parenting time and other issues.
- If psychologists or other mental health providers have been involved, the Court may consider recommendations from such experts.
- Whether one of the parties is attempting to alienate the children or is engaging in other inappropriate behavior.
- Whether there are events or factors which may endanger the children.

None of these will usuall be the sole deciding factor in visitation and it might be possible that the courts do not look at all of them, however, it is wise that you know the answers to these before you go to court. Furthermore... Courts these days usually award sole custody unless there are reasons why it would not be in the child best interests. It is important to remember that even if you have equal (joint) custody, it does not mean that you will share equal parenting time.

 

[JUfford]

Thanks
so basically.. Maybe

 

[Jillian483]

Thanks
so basically.. Maybe

Maybe.. Who is able to better care for her condition? Does mother work and go out all of the time whereas you are willing to change your schedule around to better suit the childs MS needs?

 

[curiouscat623]

I think that he said that the mother has MS..not the child..is that correct?

 

[JUfford]

sorry for the confusion.. yes, it is the mother with MS

 

[Jillian483]

Ok

UHHHHH I see now sorry for my slowness. Anyway hope it helps.

 

[curiouscat623]

I'm just a dad who soaks up as much child custody legal info as he can..but I would definitely bring it up in court. I wouldn't bring it up in an 'attacking' manner, but would voice it more as an issue of concern. I would think that they would have to take it into concern. MS can be debilitating and unpredictable. I would go to a search engine and type in MS, and custody, and read until every page was exhausted.

 

[Jillian483]

Yes

I'm just a dad who soaks up as much child custody legal info as he can..but I would definitely bring it up in court. I wouldn't bring it up in an 'attacking' manner, but would voice it more as an issue of concern. I would think that they would have to take it into concern. MS can be debilitating and unpredictable. I would go to a search engine and type in MS, and custody, and read until every page was exhausted.

Yes but be careful with this... If the mother is a good mother and loves and cares for her child then you don't want to be throwing the fact that she has MS in her face as to why you would be a better parent. This would be cold. Both parents should if at all possible have every opportunity to care for their child no matter what medical condition they have. My husband is missing his kneecap and his ex had the nerve to say in court that because he cannot run and play with the children (or for that matter assisting in them running away if anybody is trying to harm them) God that was a huge slap in the face. She cannot help that she has MS anymore than my hubbie can help that he is missing his knoww. If it is not imperative then I find no reason in bringing it up. I would however have in the parenting plan that if the MS were to surface then the child should reside primarly with you with visitation given to the mother.

 

[JUfford]

thanks for the input.. i'm now off to search for a lawyer in the county she resides!!!
and btw i don't have the heart to use the illness against her.. at lest not yet.. not untill other avenues are exhausted or i feel it is putting my daughter in danger.



thanks alot

 

[styl4u64]

please,,, hubby

I've been waiting for someone else to ask that 'hubby', short for husband be written but noone has. It's just a little thing but along with all the other spelling errors, it's just one that keeps jumping out at me with each post Petty but true for me But who knows, 'hubbie' might be the correct form

 

[Jillian483]

I've been waiting for someone else to ask that 'hubby', short for husband be written but noone has. It's just a little thing but along with all the other spelling errors, it's just one that keeps jumping out at me with each post Petty but true for me But who knows, 'hubbie' might be the correct form

You know, come to think of it, I think that I write it both ways