CAN A BIPOLAR FATHER GET CUSTODY IN A DIVORCE?

QUESTION: Detail: My wife knows that I was diagnosed with bipolar disorder and will mention this in court. Will this affect my custody of my daughter?


MY RESPONSE: Many factors are involved in the Court's determination of child custody, including the quality of parties' respective relationships with their children and each other, and the parties' respective parenting abilities.

Testimony about your bipolar disorder might influence the Court's determination of child custody.

There are likely valid evidentiary objections that a seasoned Family Law Attorney could make to your wife's (or her attorney's) attempt to get evidence regarding your bipolar disorder before the Court.

In the event that those evidentiary objections are not sustained by the Court, if you are taking medication prescribed for your condition and your condition is under control, you could testify to those facts, and if your testimony is believed by the Court, your bipolar condition should not affect your ability to get custody of your daughter.

It would be preferable to interpose evidentiary objections in an effort to prevent your wife's evidence regarding your bipolar condition from getting before the court in the first place.

If that evidence is excluded by the Court, you wouldn't need to defend against it.

If that evidence comes in and you testify that your condition is controlled by medication, you risk the possibility that your wife (and/or others) could controvert that defense, and the Court would have a dilemma as to whom to believe as to whether or not your condition is controlled, potentially affecting the Court's determination of child custody.

You would best retain an experienced Family Law Attorney to represent you in your divorce/custody matter.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |