I have had physical custody of my child now for about 2 years. My ex and I had a relationship in which he was very abusive. Lately I have gotten really angry with him on two separate occasions. He tells everyone I am mentally ill and I only suffer from anxiety due to the past relationship. Can i lose custody of my child over this?my anger involved saying un nice things to him via text message and the second time was face to face in public. I will also add that he continued to abuse me up until recently verbally and when I got angry with him he filed a no offensive contact order against me it is pending.
It would take a lot more than your ex saying you suffer from anxiety to lose custody even if it were true.
This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
Generally the answer is "no" ... I think it would be quite a stretch to show a meaningful connection between your anxiety and parental unfitness. Once you show the court that your ex was the root cause of the anxiety onset, he will look like as big a fool as he sounds.
The opinion herein does not constitute legal representation in any way or establish an attorney-client relatioship.
You should retain counsel. These are serious allegations and you should be prepared to defend yourself.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
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