QUESTION

Can my husband use my past medical history against me in a court of law to obtain custody of my children. I am the primary care giver as he works 50+

Asked on Sep 24th, 2017 on Divorce - Pennsylvania
More details to this question:
Hours of work and works nights only...usually 7pm-7am. I have chronic lyme disease and he is trying to say i am not able to care for them all because he doesnt want to pay child support or alimony, for that matter. I went undiagnosed for 15 years and recently went back on pain medication that i previously (willingly went off but needed to be detoxed with medication because i had been on it for 3 years and my body was physically dependent on it. Now ive had recent relapses and the pain is so extreme after 5 years off i am back on to cope until the lyme is treated properly.. Throughout the years my husband has been verbally and mentally abusive and controlling. His biggest concern is money and has said if i ever got a lawyer i would be sorry cuz he'd make me pay because of my past medical records and my past would come back to haunt me and he would tell everyone that I'm abusing prescription drugs (which I'm not)and take the kids away so he wouldnt have to pay child support.Now he's doin
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1 ANSWER

Collaborative Law Attorney serving Pittsburgh, PA at Law Offices of Susan J. Pearlstein
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In custody cases, the court trys to figure out what custody arrangements will be in the children's best interests.  the court looks at many factors to make that determination.  for example, the court will consider whether a parent lives in a safe neighborhood, whether their are relatives living near the child, whether there are good schools in the area, whether a parent has a criminal record, whether a parent has a medical condition that would affect his/her ability to provide care, whetehr the house has enough beds, etc.,  etc. The court will consider any fact that helps the court determine to what degree that parent has the ability to care for the children. court's rarely give a parent no custody at all.  there are as many different custody arrangements as there are families.  the court will focus on YOUR family, and try to determine what will be in your children's best interests, keeping in mind that it's almost always in the children's best interests to keep intact their close and loving bonds with their parents.
Answered on Sep 25th, 2017 at 7:15 AM

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