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How easy is it to regain custody when it's lost?

Westphalia, MI |

My fiance recently got custody of his daughter on the grounds that her mother was smoking a synthetic marijuana product that caused mental illness and was not providing for her (the child was with her aunt - mom's sister before the custody change) and he just got a job that allowed him to afford to provide for the child. The child's mother is mentally ill to the point where she is on SSDI for the rest of her life. She just found a home to purchase on land contract and is speaking of fighting for custody? Are there any odds that she will get custody back being that she is mentally ill to the point where she cannot even work a job? How can she be trusted to raise a child? Also, she has only seen her daughter for 8 days since losing custody.

Attorney Answers 3

Posted

It's usually very difficult. She would have to prove a serious change in circumstances. It really wouldn't be enough to show that she has stabilized. She would have to overcome the evidence that she hasn't provided for the child emotionally or materially; that she hasn't visited regularly, and that the child is presumably thriving in her current environment. In short, her talk regarding custody for now is just that, talk. If she serves papers moving for a change in custody then get an attorney.

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Posted

With the facts as you've laid them out about here, I do not believe there is any way the mom will get custody back yet. The law is that she must show a change in circumstances since the last Order was entered. Getting a home may be considered a change but I do not believe it to be sufficient to warrant a change. Often parents will threaten court action in hopes you'll do what they want so you don't have to go to court. I would suggest you wait to see if she ever files anything and if she does she must serve your fiance' with whatever she files. Then you need to take it to an attorney. Good luck.

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3 comments

Asker

Posted

Is there a chance of a person with mental illness ever gaining custody again? I mean based on her being diagnosed with such a severity that she cannot work every again at the age of 25, I am at a loss to see how she could effectively raise this child. Thank you for your help!

Kathleen L. Cole

Kathleen L. Cole

Posted

It is possible for a person with mental illness having custody. It all depends on the diagnosis and prognosis. If she can't take care of herself then she can't take care of children. But that determination would be up to the court.

Asker

Posted

Thank you for your assistance with this. He has done nothing to warrant a change in custody and we feel the child is better off here. I appreciate you taking the time to answer our concerns.

Posted

I agree with Ms. Cole. Under these circumstances I do not believe the court would grant a motion for change of custody.

Brenda Richard
248-355-1800

My response to the questions asked does not create an attorney/client relationship between myself and the questioner.

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