How to I prove that my child is under major emotional distress when the child is with the mother?

Asked over 1 year ago - Crystal Lake, IL

The child is in a 50/50 split custody situation so she switches weeks Sunday-Sunday.
The mother has previously been diagnosed with bi-polar, obsessive compulsive disorder, and borderline schizophrenic. The mother is constantly manipulating/questioning/harassing the child to have the child belief she needs to live with only the mother. The mother breaks the joint parenting agreement everyday with inappropriate conversations with the child. I feel I need to go for "FULL" custody. However, I'm enrolling my daughter into counseling to see what the counselor thinks first. Please give some advice.

Attorney answers (7)

  1. Dean Taradash

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . First and foremost, you should hire an attorney. Don't even seek counseling for your daughter before you retain an attorney.

    If the mother is violating the parenting agreement, then you can, and should, seek to have her held in contempt of court.

  2. Wes Cowell

    Contributor Level 18

    2

    Lawyers agree

    Answered . The first thing you should do -- even before counseling for the child -- is hire an attorney. You should have legal counsel as you're making these decisions.

    You're going to need an expert to testify about the emotional distress, if there is any. I'm not hearing it. the mother talks with the child about the case and the mother shouldn't do that. That doesn't necessarily equate "emotional distress," however.

    So, start with talking to a lawyer.

    Questions? Call -- 312-987-9999 -- for a no-charge, no-obligation, free Matrimonial / Family Law legal consultation.

  3. Michael R. Stetler

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You should hire an attorney. How long ago was the current custody order entered? If its been more than two years, then you can file an action. You'll have to do mediation and then likely seek appointment of a custody evaluator or GAL. If its been less than two years, I'd suggest attempting to modify parenting time instead of visitation. If there is no primary residential parent and equal parenting time, the argument would be that there is no actual modification of custody being sought. Such an argument, while available, may not succeed.

  4. Stuart Gregory Steingraber

    Contributor Level 18

    2

    Lawyers agree

    Answered . In order to modify/change the custody arrangement you will definitely need to hire an experienced family law attorney. The attorney will know how to present the mental health issues you reference in a proper way to give the court sufficient basis to change the custody arrangement.

  5. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . This facet pattern begs unquestionably did you agree to this parenting schedule when you knew the mother suffered trousers mental illness? If you feel in any way the mother is endangering the cold you must take immediate action. I agree you must go in person and consult with a custody attorney. Do that before the counselor. You child could be in physical danger also. If so get an Order of Protection.

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  6. Jennifer L. Ellis

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I am sorry your child is going through such a difficult time. I would absolutely retain an attorney immediately. You want to make sure the counselor you hire is familiar enough with these kinds of situations to properly assess what is going on.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security... more
  7. Veleka Eskinde

    Contributor Level 11

    Answered . I agree with Wes. You first need to hire a lawyer. Your lawyer will petition the court for a change in custody. The court will want proof in the way of an expert, i.e., child psychologist, (probably court appointed) who will provide the court with their opinion. The judge will then make its decision. Do not hire a psychologist on your own!

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