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How to prove mother's health makes her unfit to care for child?

Columbus, OH |

My son's mother has been in and out of the hospital for several years now, but since the birth of our son 7 months ago, she has been in the hospital more than she has been home. She has a daughter from a previous relationship that I also am currently supporting. The situation has degraded to the point where I would like to get sole custody )or be named as the custodial parent) for my son and move from our home. What can I do? Will the state give me custody? Are her medical records enough? She is on a lot of medication and really doesn't take care of the kids. I take care of them when I'm home and have had to miss work a great deal for her health problems.

Attorney Answers 2


Custody battles are never easy. The medical records are certainly part of the puzzle. Depending on the circumstances you may need to consider an evaluation of her ability to function/care for your child. Your county most likely has a procedure for a parenting investigation. This is usually the first step. I STRONGLY suggest that you seek a consultation with a local family law attorney and ultimately retain counsel. Then follow their advice and proceed.

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Many factors. I need more information before I can an assess the situation.
Please contact for a free consult.

Legal disclaimer: I am not your attorney and we have no attorney/client relationship. This response is submitted for informational purposes only. This is not legal advice, nor is it intended to be taken as such. Anyone considering the above referenced response and should always consult directly with an attorney within your jurisdiction before taking any action based on this, or any other information. This information is provided without any cost and therefore is worth what you paid for it. Again this information does not create any privileged attorney/client relationship and you are cautioned about information you convey to any person in a public forum considering your case, especially if it is criminal in nature. If you would like to consult with me you may contact me at (216)316-3161. I am admitted to practice in the State of Ohio and the State of Michigan.

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