Visitation With Mentally Unstable Mother

[blcolquitt]

My husband has had physical custody of his 13 year-old daughter since November of 2005. He and his ex-wife decided, by mutual agreement, the terms of visitation, which are pretty liberal. My husband and I made sure that everything was legal and submitted it to the Judge to obtain an official court order. The mother does not have a job, lives in a camper in her mom's yard, does not provide ANY form of support for the child, and was just recently approved for disability benefits with the Social Security Admin.

We want to know if we can take the mother to court for contempt, as she has failed to pay for her portion of the child's orthodontic expenses (as stated in the order) and failed to pay for 1/2 of the child's medical expenses (also stated in the order). We also want a more defined visitation arrangement that will not allow her to take the child out of the State of Georgia. Every time the mother visits with the child something totally insane happens and we just want to protect her from this behavior. The mother also moved 3 states away from us sometime last fall. The mother is now legally disabled based upon her mental history (which is extensive). My husband and I want to know if he has a chance of changing the visitation situation and if the mother could ask for custody of the child again. I know she can ask but does she stand a chance if the child is happy and being well cared for?

 

[calalily]

If she is currently in a stable environment and it is documented with the court that the mother is "unstable" then your chances are good at keeping physical custody of her. SS does not pay a lot and she may not be able to afford the medical and dental expenses. She is probably barely scraping by. As far as modifing the visitation, you definately would have to prove it is in the best interest of the child and have good documentation to prove your case for a more restrictive visitation schedule. Your word in court that the mother is unstable is not enough and the fact she is on SS for mental disability is also not enough.

 

[blcolquitt]

It's difficult to bring mental health up in child custody situations isn't it? The brother of the child's mother has offered to testify on my husband's behalf....does that make a difference? He was a witness to some of her crazy behavior!

 

[calalily]

Are there any police reports regarding her behavior? The court may or may not allow the testimony of the brother; depends on the judge.