Submitted by mcdank on Thu, 08/18/2011 - 11:19
When our divorce was finalized in 2007 we were awarded joint physical and joint legal custody of our one child ( AM ). I have remarried since then, and have two other children with my current spouse ( SM, and JA ).
If my wife is currently undergoing treatment for postpartum depression ( had rec'd IN Patient Care to modify her medication, and has ongoing OUT Patient Care ), can my ex-wife actually request and be awarded sole custody of our child ( AM )?
We have been recommended by professionals to make sure that my current spouse is not to be left alone with any of the children as a safety precaution, and we have strictly follow that rule; even though there has never been any physical abuse to any of my children.
Modification due to Postpartum Depression
In order to modify a child custody Order there needs to be a material change of circumstances. If your ex is claiming that your current wife's PPD is putting the kids in harms way, then that would constitute a material change of circumstances. It will be important for you to be able to show that your child is not in harms way and therefore there is no change in circumstances to warrant a modification.
Wyckoff Nissenbaum
www.SomervilleLawOffice.com