Skip to main content

Can we switch joint legal custody to sole custody if my ex is in a mental home?

Naperville, IL |

On December 20th, my ex and I agreed on legal joint custody to where I was the primary custodial parent and the baby lives with me, and she gets supervised visitation. She was admitted into the hospital on New Years Day and is taking meds for bipolar, depression, and anxiety. She is not in the right state of mind right now. What is the process to changing this to sole custody? Or should I leave things as-is?

+ Read More

Attorney answers 5

Posted

You need to retain an attorney to prepare the proper paperwork and notices and then get the judge to sign off on the custody modification.

Asker

Posted

Does she have to be served? how will she be served in the hospital

Roger William Stelk

Roger William Stelk

Posted

Send to her last address and hospital too. You really need to call an attorney. This is too important to do on your own.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

why bother to do this? let it be. dad can make decisions in mom's absence due to illness. why incur the cost? the judge will appoint a guardian ad litem for mom and children. who pays for all that? leave it be.

Posted

Changing custody from joint to sole will have no effect on you or your children. There is no point in trying to make this change. As the residential parent, you have the responsibility of caring for your child on a day-to-day basis and your ex is responsible for caring for the child in a supervised environment. Sole custody will not change that.

Posted

It is unclear here whether you proved up your divorce case or not. You really should consult with your lawyer. If for some reason you disagree with your lawyer seek another opinion. You may also have to modify visitation provisions. Take action quickly because you may only have a brief amount of time like 30 days to try to vacate the prove up if that is what you deciding to try to do based on these recent events.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Posted

You can request it be changed to sole custody by filling a motion to modify visitation. Frankly, there is no benefit to joint custody. I believe the cost to change it now may be less than if she was well.

Posted

Without knowing the details, I would suggest you consider modifying your custody judgment. Joint custody is predicated on the notion that the parents can co-parent and agree on major issues in the children's lives. Each parent has the duty to facilitate a close and loving relationship between the children and the other parent. If you think your ability to co-parent has been compromised and you do not believe that the current joint custody arrangement is in the best interests of your children, then you should seek to have it modified.

Modifying custody can be a bit complex and I would suggest you speak to an attorney, legal aid clinic, or a legal self-help agency.

This information is not, nor is it intended to be legal advice. This content is not offered as a substitute for legal advice. You should contact an attorney for advice regarding your case and questions.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer