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The Law Office of Kem Eyo, LLC | Kem Eyo
Whether a parent is fit or unfit for custodial rights is a person-specific question. The fact that he is schizophrenic does not automatically determine whether he can or cannot see his child. The judge would need to look into all circumstances surrounding him, and decide from their what if any rights he can have based on what would be in the best interest of the child.
Answer Applies to: Georgia
Replied: 9/27/2011
Law Office of Michael W. Bugni | Jay W. Neff
First, it sounds like the two of you were not married to each other. If that is the case, then, until such time is there is a determination of paternity, the alleged father does not have much of any rights I the child. Once paternity is established, the father may have some rights in the child. This is because courts are somewhat reluctant to completely cut off a father. However, I would anticipate that the father's rights in the child would be substantially curtailed, depending on how bad the father's mental health issues really are and how willing he is to get and follow appropriate treatment.
Answer Applies to: Washington
Replied: 9/23/2011
Dunnings Law Firm | Steven Dunnings
His entitlement time parenting time first depends on whether he is legally declared to be the biological father of the child, either by both of you signing an affidavit of parentage (not to be confused with a birth certificate, or by a court order of paternity.
Answer Applies to: Michigan
Replied: 9/23/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
The courts duty is to protect the health and safety of your child. If the father refuses to seek the mental health care he needs, you should file a paternity petition ( I am assuming this is a non marital relationship) and a motion asking that you have sole legal and physical custody.
Answer Applies to: California
Replied: 9/23/2011
Cody and Gonillo, LLP | Christine Gonilla
if you cannot communicate with him it may affect custody; if it is not safe when he is not on meds it may affect his access to the child; it may have to be supervised
Answer Applies to: Connecticut
Replied: 9/23/2011
Law Office of Cassandra Savoy | Cassandra Savoy
The court will likely require that the visitation be supervised and of short duration.
Answer Applies to: New Jersey
Replied: 9/23/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
As you are not married, you have custody by law in Ohio. The father will have to seek parenting rights through the Juvenile Court. If he does, you need to raise the issue of his illness. If the court believes he is a danger to the child, his parenting time will be limited to supervised time.
Answer Applies to: Ohio
Replied: 9/23/2011
Beaulier Law Office | Maury Beaulier
First, a court may award custody and parenting time to any parent. Even a person who is ill may control their ailment with medication and,, as a result, may be granted custody or parenting time. Second, if a court restricts access to a parent, the court must make detailed findings setting for the the basis for that restriction. Certainly, concerns for safety may require restrictions on parenting time.
Answer Applies to: Minnesota
Replied: 9/23/2011
David M. Siegel & Associates | David M. Siegel
Mental illness can certainly affect the right to custody as the child's best interest is the standard. Visitation can also be limited if the parent chooses not to take medication. It really depends upon what the affect would be on the minor child.
Answer Applies to: Illinois
Replied: 9/23/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You may be able to obtain sole custody with monitored visitation to the father based on his mental illness. The courts will look at numerous factors in determining what is in the best interests of the child He will likely have some rights to visitation with the child, however if his mental illness puts the child at risk, the court consider the safety of the child. It may be in your best interests to consult with an attorney prior to the time that your child is born.
Answer Applies to: California
Replied: 9/23/2011
The Law Office of Erin Farley | Erin Farley
The court decides custody and visitation issues based on what is in the best interests of the child. The court would not knowingly put your child in harm's way, so your obligation is to get the court information about dad's behavior, his history, and your concerns. The court will want to know the issues involved with dad's particular condition, and whether it is possible to stabilize the condition with medication (sometimes it is not). If medical professionals believe that Dad needs medication to stabilize, then dad must choose to either take the medication and see the child or not see the child. I urge you to see an attorney.
Answer Applies to: California
Replied: 9/23/2011
John E. Kirchner, Attorney at Law | John Kirchner
The diagnosis does not, by itself, permit an answer to your question. However, since you are not married, he has no specific rights at all until there is a judicial determination that he is the father. Once that occurs, any specific parental rights will be determined after a more comprehensive examination of his situation. If the court concludes that it is otherwise appropriate to all a schizophrenic father to have contact with the child, the judge can place whatever restriction or limitation he feels are necessary. You should consult an attorney for more information about how to establish judicially ordered parenting responsibilities.
Answer Applies to: Colorado
Replied: 9/23/2011
Law Office Of Jody A. Miller | Jody A. Miller
As the mother of a child born out of wedlock you will automatically have full custody of the child and the father will have no rights to the child. If he should file a legitimation petition and attempt to gain rights, what if any rights he would be given by a court would depend on the circumstances at that time.
Answer Applies to: Georgia
Replied: 9/23/2011
Ashman Law Office | Glen Edward Ashman
In Georgia unless he legitimizes the child he has no rights to see the child.
Answer Applies to: Georgia
Replied: 9/23/2011
Law Office of Joseph A. Katz | Joseph A. Katz
The situation poses a possible danger to the child, as the father is a danger to himself and others, since his condition was severe enough to warrant institutionalization. Given the father's unpredictability and resistance to treatment, andparticularly without psychological evaluations, the Court has no way to know that the father can be a responsible and rational parent, capable of looking out for the 'best interests of the child'. That said, you have a very strong argument for sole legal and physical custody. I would further request professionally supervised visitation for father, at least until he is on his meds, and has demonstrateda long period of stable behavior. Even after that, I would request that his visitationalways occur under the watchful eye of other responsible family members.
Answer Applies to: California
Replied: 9/23/2011
