Can I get Custody of my daughter..Bi-Polar disorder

[udaymantha]

Hi,

I had got married to a girl in the year 2002.Subsequently I had found out that the girl is suffering from severe mental illness"Bi -polar disorder".

This fact was not revealed to me either post or pre marriage.We were blessed with a baby girl child in november 2005.

She used to be on continous medication towards treatment of  bipolar disorder and these medication were always purchased by my father in law and were administered in secrecy to my wife.

Though I had tried every possible means to keep my marriage alive, we are at cross roads today and I have filed a case for the custody of my daughter on the grounds that my wife is not in a position to take proper care of the child.

A few more points of importance are mentioned below to help answer my query.

1)My wife suffers from imaginary and often self made delusions.
2)Shows symptoms of Hypertension and depression.
3)Has beaten up her own father in a state of utter madness.
4)She has been suicidal on atleast 2 occasions before marriage.
5)She was sent back from the university of Philadelphia on being suicidal.

I have a few medical prescriptions from my wife's psychiatrist Mr Nambiar who had confirmed to me during the final stages of separation that my wife suffers from Bi polar disorder as evidence.

Can I win the custody of my daughter.My wife is not in a position to take care of her own life and consequently I fear for the safety of my daughter.She has moved away from me along with the child 14 months back and since then I have been trying to visit my daughter but was not allowed to see me daughter.

On a few occasions though they have let me spend 5 minutes with my daughter.

Please help and suggest if I can have any chance of getting the custody of my daughter.

[mistoffolees]

Yes, you have a chance, but how good a chance will depend on all the other details (you haven't said anything about yourself). If there are no other unusual circumstances, then your chances are probably pretty good.

You should see an attorney immediately and talk with him/her about your chances. If he/she thinks you have a reasonable chance, then you'll probably file for custody and ask for a custody evaluation. If for some reason that's not possible, you should at the very least file for a parenting plan and visitation.  

Keep in mind that you need to be able to prove what you've claimed above. You'll need written copies of police records, information on her being dropped from Penn, and so on. Your statements won't carry any weight - you need witnesses and (even better) written proof. (don't expect her father to testify - you'll need other witnesses). And your statements that she had symptoms of depression are worthless unless you're a licensed medical professional. Rather, you can say that she acted listless, low energy, unhappy, etc, but you can not provide a diagnosis (but, again, your statements won't carry much weight without witnesses).

Also, you need to be 100% certain of everything you say when you get to court. They'll try to pick you apart. For example, in the post above, you claim that she had symptoms of hypertension. Unless you regularly took her blood pressure readings or have a copy of her medical records, you can't say that - since hypertension doesn't have symptoms in most cases. Be very, very careful never to make a claim you can't prove.

Unfortunately, based solely on what you've written, it's most likely that you'll have to file at your ex's new address.

You need to get moving on this. Waiting 14 months to even get visitation set up is a long, long time to wait. The longer things remain as they are, the harder it is for the court to make a change.

[olanna]

Many people with bipolar disorder live fairly normal lives when they take their meds.  In itself, it may or may not be a threat a to your child's safety.

What may benefit you is the move away...your ex moved away *after you filed or was this done before anything went to the courts?  If she moved away to another state, judges usually frown on that.  If you have filed in your state and county, she will have to come back there. Where is the child living - and for how long has the child lived there?  Thing is, before you can get anything going, you need to file.  Start the clock ticking.  If you file first, it will be in your county where you live but if she files, were she is living now, you will be forced to go there to court.

Do what is best for your child - by getting her into your life. I wish you all the best.

Olanna