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Has anyone had a mental disorder brought up in court.

southernshellgirl's picture

BM actually got SD last Thursday for her overnight possession. That was the first time in four weeks.

Then yesterday she called to talk to SD, and DH asked what the plan was and BM acted surprised, like she had not planned on getting SD. DH told her we were going to tour a school for SD to maybe go to kindergarten later this year and invited her. Then said she was going to come get her, but would call us back to let us know how and when she would get her.

She didn't call, so DH called her. She said she had no ride to come get SD. She said she was mad because she didn't know of the plan to check out the school sooner. She said she had plans and this was ruining her day.

DH asked how she had plans, when she didn't even have a ride to come get SD???

BM said she would "Try" to come get SD today.

Poor SD, 4yrs old and trying to understand why mommy is not coming like we planned.

I talked to CPS the other day. the caseworker just needed to follow up and tell us she's working on closing the case.

She couldn't give me much info, but did keep repeating they reccommend DH go back to court for Modification of the orders and get a copy of the CPS report as soon as the case is done.

I think it sounded like BM may have refused a drug test and referred the caseworker talk to her attorney. That's just my assumption.

The caseworker did say she was able to get a list of BM's medications and "THat is a concern".

I expressed our concerns that the Judge threatened BM and DH to get along or SD will end up on foster care, that it has not even been a year since the last court date and we are terrified to get before that judge again, especially if we do not have any proof of a change or problem.

She said she can understand our concerns, but seemed insistant that we not rule out going back to court, even if we feel we have to wait for the year to be up and seemed to be confident the CPS report would be of great interest to the judge.

I just can't understand why if CPS found enough wrong or concerning with BM, why can't they do something to protect SD? SHe keeps saying they cannot change a court order, but they recommend we go back to court.

Just curious, has anyone had a parent's mental health used as a factor in custody or possession schedules?

DH and I are also unsure what to ask for if we do seek modification. Our first thought is supervised visitation for BM, but my understanding is supervised is usually temporary.

I think it would be great to revise the orders to include requirements for BM to stay medicated and in contact with her DR, but how is that monitored where privacy laws come in?

Any experience or suggestions are appreciated.