QUESTION
I live in PA and don't know how Mental Illness is taken into consideration when modifying a current court order. I have sole legal and physical now.
Asked on Jul 24th, 2011 on Family Law - Pennsylvania
More details to this question:
I have 4 kids (8,10,12,&14) that I have sole legal/physical custody of. My ex has schitzoeffective disorder (schiztophrenia), and he is on SSD due to the severity of the illness. He has a misdemeanor for domestic violence-hence he lost custody. Visitation is as I see him mentally fit. Problem is my children would rather live with him because I am too strict and he lets them do whatever they want-no rules or structure. They love their dad-don't understand he's ill. He recently remarried a woman who collects SSD for bipolar and she has a daughter who also has bipolar. He has told me he wants to take me to court since the kids want to live with him. I remarried a military man-we are both very strict-although all the kids are high achievers on the honor well. They spent part of the summer with him, under his mothers care-and he slept most of the time, but they still want to be with him. I feel I know what is best for them. How much will the court listen to my kids wishes?
1 ANSWER
Every court is different, so it's difficult to be able to tell you what to expect; however, every court is mandated to operate under one simple rule in custody cases: "the best interest of the child". While the court may listen to your children, if the reason they want to be with their father is because he is less strict, I don't believe that will be enough to warrant a change in custody, especially considering the long running mental health issues, and how well the kids are doing in your care. You should consult with an attorney in your county who specializes in family law to understand how your specific court may treat your case.
Answered on Aug 14th, 2011 at 12:37 PM