Modification of a custody order

[njclark1985]

Hello,

I live in New York State. I suffer from a mental illness and have had several hospitalizations. Around the time my daughter (currently going on 8 months) was born I felt I wasn’t mentally stable enough to care for her. I have an unfounded ACS (Administration for Children's Services) case of inadequate guardianship. I lost custody of my daughter to her paternal grandmother. The grandmother now has sole custody. She didn’t want to do joint custody with me because she didn’t want to have to have my permission if a medical situation were to arise involving my daughter. She was awarded custody under the grounds that she would comply with her mental health treatment (she is also diagnosed with a mental illness.) I found out she doesn’t take her psychiatric medication. Is this enough grounds to take her to court to get the order changed? My aunt is willing to take custody of my daughter, does she stand a chance? If so, how would I go about doing this?

 

[Just Blue]

Hello,

I live in New York State. I suffer from a mental illness and have had several hospitalizations. Around the time my daughter (currently going on 8 months) was born I felt I wasn’t mentally stable enough to care for her. I have an unfounded ACS (Administration for Children's Services) case of inadequate guardianship. I lost custody of my daughter to her paternal grandmother. The grandmother now has sole custody. She didn’t want to do joint custody with me because she didn’t want to have to have my permission if a medical situation were to arise involving my daughter. She was awarded custody under the grounds that she would comply with her mental health treatment (she is also diagnosed with a mental illness.) I found out she doesn’t take her psychiatric medication. Is this enough grounds to take her to court to get the order changed? My aunt is willing to take custody of my daughter, does she stand a chance? If so, how would I go about doing this?

How did you come by the knowledge that her grandmother is taking her med's? What is her mental illness? Where is the father to the baby?



I'm very impress that you did the right thing for your child...it must have been a very difficult choice to make. Great, loving and unselfish mothering.

 

[njclark1985]

The grandmother told me herself. She has said so multiple times in fact. Her illness is Post Traumatic Stress. The father's paternity was never legally established. The grandmother told me not to put his name on the birth certificate, so she could gain custody easier.

Thank you, it was a tough decision.

 

[Just Blue]

The grandmother told me herself. She has said so multiple times in fact. Her illness is Post Traumatic Stress. The father's paternity was never legally established. The grandmother told me not to put his name on the birth certificate, so she could gain custody easier.

Thank you, it was a tough decision.

Is the father a decent guy? Is he fit? Have contact with the baby at all?

What type of meds is she on? Anti-depressants and anti-anxiety?
https://www.nysba.org/

Call the New York Bar, briefly explain the situation and ask for a referral. You will likely be able to have a 30 min consult for very little money.

 

[stealth2]

I agree w/Blue. You are to be commended for doing right by your child.

 

[njclark1985]

Is the father a decent guy? Is he fit? Have contact with the baby at all?

What type of meds is she on? Anti-depressants and anti-anxiety?
https://www.nysba.org/

Call the New York Bar, briefly explain the situation and ask for a referral. You will likely be able to have a 30 min consult for very little money.

The father is unfit but he still has contact with the baby. She is suppose to be taking Seroquel (anti-psychotic) and Zoloft (anti-depressant).

Thank you!