Getting custody with mental illness

How can I get custody of my child with mental illness. I have been out of the psychiatric hospital for over a year and have been goin to therapy for 6 years. I also have been taking my medicine as prescribed and receiving medication management. I have had a recent psychological evaluation and I have had a Clinical Assessment. I am going to retain a lawyer soon. How can I start with supervised visitation and then gain joint physical and legal custody of my son?

You will need to file a custody lawsuit or a motion to modify child custody if you already have a custody order.

You will want to ensure you have as much evidence as you can to show that you are a fit parent, not a danger to the child’s safety, etc. This kind of evidence can be a lot of what you already have, including a psychological evaluation, testimony from your therapist and psychiatrist, etc.

You can also have a custody evaluation completed by a forensic child psychologist. The psychologist does an in-depth review of the parents, parent-child observations, third party interviews, etc. and will make custody recommendations for a judge to consider.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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