Idle threat or reality?

What is the name of your state? MI

Soon to be ex and I are going through bitter divorce/custody situation. Married 5 years, together 10. About a month ago we had a heated argument about who knows what. I was EXTREMELY upset (he had an affair, went to counseling, still ended up here, etc...) and made some offhand comment about hating my life, being better off dead or something to that effect. Honestly, I don't remember my exact words or the nature of the argument; but he does.
Now that we are trying to "work out" custody he says he is going to use thatstatement to take my kids. He says it shows I'm suicidal and therefore unfit. PLEASE someone tell me that this is legally a bunch of BS?! Can a stupid comment made in the heat of an argument actually be used against me?

Certainly the judge would raise an eyebrow, especially after you have admitted in essence making the statement. However, are there medical records that show suicidal ideation? Have you been treated in the past for severe depression or other mental illness. If not, he won't get far.

Unless he has it recorded, its pretty much "He said, She said".

You could just as easily say he admitted that he's a drug addict. How would the judge know?

weenor said:

Certainly the judge would raise an eyebrow, especially after you have admitted in essence making the statement. However, are there medical records that show suicidal ideation? Have you been treated in the past for severe depression or other mental illness. If not, he won't get far.

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No there are no kind of medical records indicating that whatsoever. It wasn't like I was seriously making a threat or anything, just something I said out of frustration and anger.

teachermom said:

No there are no kind of medical records indicating that whatsoever. It wasn't like I was seriously making a threat or anything, just something I said out of frustration and anger.

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What about your Lupus and kidney failure, that can contribute to what happened, that is why I asked you to move this to your other thread. You have a serious medical condition that is going to play a role in your custody battle especially since you have both been primary caretakers of your children, with him having the longer time home with the children.

He has at least as good a shot at custody as you do, if he was the SAHP more years than you. Especially if your illness may interfere with your stamina and ability to be up and about caring for the kids.

Moved

Moved to my original post under alimony for more complete picture.