my son's mental state is bad. i want custody so i can help him

[tiffanyaglenn]

What is the name of your state (only U.S. law)? Utah
My son is 12 and his father has custody (he has since the divorce 11 years ago). My son wants to come live with me and I'm worried about his mental state. He is diagnosed ADD and depressed, but not treated. He lives in Texas. Dad is a pilot, so he is in and out of the house. The step mom is raising him.

I don't know where to start trying to fight, but the Dad is completely against my son living with me. Can my son apply for legal assistance in Texas?

Any advice is welcome.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Utah
My son is 12 and his father has custody (he has since the divorce 11 years ago). My son wants to come live with me and I'm worried about his mental state. He is diagnosed ADD and depressed, but not treated. He lives in Texas. Dad is a pilot, so he is in and out of the house. The step mom is raising him.

I don't know where to start trying to fight, but the Dad is completely against my son living with me. Can my son apply for legal assistance in Texas?

Any advice is welcome.

No.

There's an existing court order. In order to get a change, you'd have to show that there was a significant change in circumstances and proof (not just your opinion) that it would be in the child's best interests to live with you.

How are you going to do those things?

 

[tiffanyaglenn]

what has changed

Everything has changed. I'm bi-polar, finally diagnosed and have been extremely stable for at least 4 years. Billy (my son) wants to live with me. He doesn't feel loved by his family in Texas (he says) and he broke down saying he "doesn't know if he can take it anymore". I'm very worried. I see signs of his depression getting worse. My ex is in denial about mental health issues and I feel Billy needs a lot of help. I'm concerned that he may hurt himself to get out of a situation he is miserable in. Do I have anything in my favor? I only want what's best for Billy. That is why I never fought for custody. I thought he was relatively happy. I know he is on the brink of hormonal teenage-hood, but I feel this is more serious than an angry kid not wanting rules.

 

[mistoffolees]

Everything has changed. I'm bi-polar, finally diagnosed and have been extremely stable for at least 4 years. Billy (my son) wants to live with me. He doesn't feel loved by his family in Texas (he says) and he broke down saying he "doesn't know if he can take it anymore". I'm very worried. I see signs of his depression getting worse. My ex is in denial about mental health issues and I feel Billy needs a lot of help. I'm concerned that he may hurt himself to get out of a situation he is miserable in. Do I have anything in my favor? I only want what's best for Billy. That is why I never fought for custody. I thought he was relatively happy. I know he is on the brink of hormonal teenage-hood, but I feel this is more serious than an angry kid not wanting rules.

None of that is a change of circumstance, nor is it evidence that a change of custody would be in the best interests of the child.

Please read here and learn.

 

[Ohiogal]

Everything has changed. I'm bi-polar, finally diagnosed and have been extremely stable for at least 4 years. Billy (my son) wants to live with me. He doesn't feel loved by his family in Texas (he says) and he broke down saying he "doesn't know if he can take it anymore". I'm very worried. I see signs of his depression getting worse. My ex is in denial about mental health issues and I feel Billy needs a lot of help. I'm concerned that he may hurt himself to get out of a situation he is miserable in. Do I have anything in my favor? I only want what's best for Billy. That is why I never fought for custody. I thought he was relatively happy. I know he is on the brink of hormonal teenage-hood, but I feel this is more serious than an angry kid not wanting rules.

Changes in YOUR life matter not. Your son does NOT get to choose quite frankly. He might be able to file an affidavit expressing his preference but the weight given to that is based on more than just his wishes -- it is based on his maturity and what not.

How often do you see your son? Have you talked to his dad about this? How is his depression getting worse?