samedi 15 décembre 2018

Establishing an Order: How Much Will This Hurt in a Custody Battle

My question involves a child custody case from the State of: New Jersey

My wife says she will be filing for divorce. She has said she will go for full physical custody. I am going to fight it.

Her grounds for full custody will likely be a few claims - mental illness, alcohol abuse, and domestic violence.

She doesn't have grounds for domestic violence. She called the cops on me once but even the police report says that there wasn't intent. We were struggling over a cellphone and I unintentionally bumped her while she was trying to get it back. The police report says this. I had a good reason for taking her phone as well, which is also in the police report.

As for alcohol abuse, I do drink but I don't have any history of bad behavior or anything from drinking. I believe that's just a threat that will not hold water in court.

What concerns me a little is the mental illness. I have a mild level of depression in the morning and I have some anxiety issues. Most of which I believe is due to the stressful marriage.

Here are the facts about the depression -

1. I have not been clinically diagnosed as depressed.
2. I mentioned to my doctor once that I was feeling depressed, but never went back to follow through with treatment.
3. I am not getting any treatment for depression, as it is not at the level where I need professional help. No anti-depressants, no therapy. It is something I deal with in the morning and it goes away by the time I am at work. It is also not an every morning thing.
4. I have bought a self help book to see if there is a way to relieve the symptoms. I am sure she will bring this up in court. One book.
5. I have bought some supplements (5-htp) to see if it helps.
6. There is no evidence that this has impacted my ability to function. I have not missed any days of work, etc. I could probably have my boss testify to this if necessary. If that had happened, I probably would have gone to see someone about it, but again....it's not at this level.

Here are the facts about the anxiety -

1. I have experienced some heart palpitations. One time I had to go to the emergency room to get it calmed down.
2. I went to see a heart doctor and my heart checked out ok. He said it was stress.
3. A long time ago I had asked my doctor for anxiety medication for fear of flying. In the past 2-3 years, I have not refilled that prescription as I do not need it daily and i got over the fear.
4. I bought a book again because I would wake up with significant stress over my life and marriage. Again, similar to above, it was an effort for self help.
5. There is again no evidence that this has impacted my ability to function normally.

Given the above, how much of an impact would this have if my wife made a claim that I am unfit and she deserves full custody? Please advise, thanks.


Establishing an Order: How Much Will This Hurt in a Custody Battle

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