Expert: Joyce A. Anthony - 12/30/2007

Question
My husband and I have been married a little over a year, and we have two children together, 3 and 10 months.   I was diagnosed with bi-polar disorder 3 years ago while being treated for post-partum depression.   I went to counseling for a while, was taking meds and was doing ok, then my insurance company dropped me, so I could no longer go.  I then found a free clinic that offered me therapy and meds, and I went.  Then I re-obtained insurance once my husband and I were married, and had trouble finding a therapist that would accept my new insurance.  I went almost 6 months of being untreated.   Now, I'm back into seeing a therapist and taking my meds.  I do have anger issues that are unrelated to the bipolar disorder, and my therapist and I are working on those.   Recently, I asked my husband for a divorce because of severe problems such as his hitting me.   He also is on probation for the next two years.  He did 4 months time in jail.   I'm know my husband will try to use my bipolar disorder against me.  I haven't hurt my children physically, but sometimes I do raise my voice unnecessarily towards them.   But I do take care of them, make sure they are fed, clean, and happy.  My husband works, and I am a student right now.   I'm very worried that he will try to make sure I cannot see my kids, and I don't want that, obviously.   I am willing to do joint custody with him, but he refuses to speak to me about the divorce.   I'm confused about what I should do, and what I should expect should my husband use my bi-polar disorder as a basis to obtain full custody of our children.

Answer
Hi Amanda:

First, being bipolar is not a legal reason to take custody from you.  As long as you are getting treatment and complying with the doctor's orders, he can't use that.  Your husband would have to prove you were not taking care of your kids.

I would suggest getting a lawyer.  It appears he has some issues and you would benefit from a lawyer's input.
                 Joyce A. Anthony