QUESTION
was informed last week by an ex girlfriend that she is pregnant and that it is mine
Asked on Dec 15th, 2013 on Child Custody - New York
More details to this question:
She has been on Social Security Disability for 20+ years for mental illness, dually diagnosed Borderline Personality Disorder and Bi-polar and has two other children with two other men, one she abandoned to the father 10 years ago, has paid nothing in child support but he never asked for it. If the child is determined mine through a DNA test (which I plan to do prenatal) is there a possibility of being able to find out her mental health records, arrest record for drugs, etc to support my desire for custody? As a man I know I am fighting an uphill battle as custody is 99% of the time awarded to the mother, but in the interest of the child, to be raised by such an unstable person seems unenlightened. HELP!
1 ANSWER
Real Estate Attorney serving Clifton Park, NY
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Jean M. Mahserjian, Esq., P.C.
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Yes. If you pursue custody, all of her mental health and arrest records are going to be discoverable. A mental health diagnosis does not preclude the mother from being the custodial parent. However, untreated mental health issues and/or ongoing difficulties in dealing with the stresses of life would all have a major impact on the court's decision. Your life is also going to be an open book.
You need to meet with an attorney now to plan how you are going to pursue custody, step by step.
Answered on Dec 16th, 2013 at 10:32 PM