My husband currently has custody of our three children, but he is suffering from a mental disease which I think is negatively affecting them. Can I obtain physical custody of my three children?
In deciding whether you can obtain physical custody, the court will look at a series of factors, none of which are controlling. While your husband’s mental condition is a factor, the court will also look at your children’s best interests. For example, in a case with similar facts, a four year old was separated from his siblings because the court felt that the parent’s mental disease would be more detrimental to him than to the siblings who were older and could understand what was wrong with their parent who had the mental disease.
Related Questions
- My husband currently has custody of our three children, but he is suffering from a mental disease which I think is negatively affecting them. Can I obtain physical custody of my three children?
- My husband has threatened to fight for the custody of our children if I proceed with a divorce. How does a court decide which parent should have custody of the kids?
- How can a mother get custody of her children if she cannot work, has no place to live and is on disability for a mental disability?
