Is this grounds for custody?

[starting over]

What is the name of your state (only U.S. law)? Kentucky

Can my Husband use my medical leave from work (depression & anxiety) as a reason to obtain full custody when we separate? I am and always have been the childs primary, she will be 2 in August. There are currently no custody or support orders.

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Kentucky

Can my Husband use my medical leave from work (depression & anxiety) as a reason to obtain full custody when we separate? I am and always have been the childs primary, she will be 2 in August. There are currently no custody or support orders.

Who is taking care of the child when he is at work?

 

[nextwife]

And who was taking care of the child while YOU were at work, before your recent leave?

 

[starting over]

Dont know if this matters at all, my leave just started 2 days ago & I am due to RTW on 8/6.

Child attends fulltime daycare from 4-5am to usually 3pm. Mom wakes, dresses, transports to daycare and to Dr. appts for allergy shots 3x week

Since I am in the process of moving, I will probably utilize the 3 days of daycare that I am obligated to pay without losing her spot. She also receives her EI services at daycare, so she needs to attend. However, she will be with me on the other 2 days.

 

[TinkerBelleLuvr]

I take it you are under medical care. Has this affected how you take care of your child? Is your husband fine with you continuing to be the primary care taker? Will there be a need for the child to go to daycare at 4-5 am, or will you take her in later those days?

 

[starting over]

I take it you are under medical care. Has this affected how you take care of your child? Is your husband fine with you continuing to be the primary care taker? Will there be a need for the child to go to daycare at 4-5 am, or will you take her in later those days?

Yes, I am under medical care by both a PCP and a therapist. This has in no way affected how I take care of my child, except for the better. I am now taking medication, they just about got the dosing straightened out and I feel much better than I did. I can say that I feel I actually have some hope these days, been awhile since I could say that

By him threatening to go after full custody tonight, I would have to answer "No" to your question about him agreeing. No, she will not be getting up that early. We only do that due to work necessity (we live in a different time zone than where I work) so, she will awake on her own on those days.

 

[LdiJ]

Yes, I am under medical care by both a PCP and a therapist. This has in no way affected how I take care of my child, except for the better. I am now taking medication, they just about got the dosing straightened out and I feel much better than I did. I can say that I feel I actually have some hope these days, been awhile since I could say that

By him threatening to go after full custody tonight, I would have to answer "No" to your question about him agreeing. No, she will not be getting up that early. We only do that due to work necessity (we live in a different time zone than where I work) so, she will awake on her own on those days.

I think you should stop listening to your husband regarding legal matters and consult a local attorney of your own. Its quite unlikely that someone with depression/anxiety, that is being properly controlled with meds, would have any problems with custody issues. If you can demonstrate that you have been the child's primary caretaker, then you would be more likely to receive primary custody. However, you do need to understand that you will be sharing custody with the child's father. Neither one of you are going to get full custody.

 

[starting over]

I think you should stop listening to your husband regarding legal matters and consult a local attorney of your own. Its quite unlikely that someone with depression/anxiety, that is being properly controlled with meds, would have any problems with custody issues. If you can demonstrate that you have been the child's primary caretaker, then you would be more likely to receive primary custody. However, you do need to understand that you will be sharing custody with the child's father. Neither one of you are going to get full custody.

Im not listening to him, I honestly didn't think it would affect anything which is why I came and asked here. I have consulted with an local attorney, since it will be a contested divorce $2500 retainer, I don't have that kind of money right now. Im just going to wait for him to file something, then deal with it accordingly. Im not gonna be the one that rocks the boat. Knowing him, once he has to start cutting checks, he will lose the wind in his sails. And joint custody is fine, he is her Dad.