[warmnfuzzy]

I am currently in a custody battle with my 4 year old's dad.

We've been separated for 1.5 years.

Recently, he has decided not to take my opinions into consideration and does whatever he wants. IMO, a lot of the decisions he's making are not in our son's best interest.

Anyhow, I finally had the courage to take him to court. He is completely attempting to use my dx against me.

He's not opposing that I have 50/50 custody, just that he should have all decision making power.

We don't have a decision yet, but hopefully that will come this week.

[Sunflower123]

I'm sorry you're going through this custody dispute. I hope it gets solved in a satisfactory fashion. I'm here if you need to talk.

[amandalouise]

Originally Posted by warmnfuzzy

I am currently in a custody battle with my 4 year old's dad.

We've been separated for 1.5 years.

Recently, he has decided not to take my opinions into consideration and does whatever he wants. IMO, a lot of the decisions he's making are not in our son's best interest.

Anyhow, I finally had the courage to take him to court. He is completely attempting to use my dx against me.

He's not opposing that I have 50/50 custody, just that he should have all decision making power.

We don't have a decision yet, but hopefully that will come this week.

sorry you are going through this... I dont see a question and your title says its an issue. Im taking a guess here based on post content that you want to know whether he can use your diagnosis to get decision making rights..

if so the answer would be yes. if he can prove your decisions are harming the child in any mental, physical or otherwise way the courts can decide to make him the primary decision maker.

usually what happens here in the USA is if a parents mental issues is affecting the child, custody goes to the non mentally ill parent. this way the courts know what the parents have to decide about the childs well being...(their health problems, their clothing, feeding, shelter and much more) is being taken care of correctly with out the mental illness affecting the child.

my suggestion is talk with your lawyer that is helping you with your custody case. they will help you and tell you what you need to do in order to make sure you retain custody and decision making rights if thats in the best interest of the child.

[Sunflower123]

Don't despair. I was diagnosed with mental illness several years ago and still got custody of my daughter. Of course, we weren't fighting for custody and he knew I was a good mom. He never tried to change custody and I was a single parent for 10 years (she saw him 4 days a month) and there was so much acrimony on his part that we couldn't co-parent. I encourage you to research this thoroughly and to get a good attorney. Best wishes.