Ask Me Help Desk - Mental Illness & Custody

I am 27 years old and am due with my first child in July. Up until two years ago, I was seeking treatment for depression and anxiety. I had been for the previous decade. In September 2006, while under the care of two therapists and a psychiatrist and on meds, I attemtped suicide. After I was released from the hospital, I stopped all treatment. Since then, I have held down the same full time job, went back to college, and live quite well. Ironically, I haven't had any of the same symptoms since stopping therapy and meds.

Over the weekend, I went to the ER for abdominal pain since I am pregnant and wanted to take precautions. Along with sending me home without even taking blood or doing really anything besides evaluating a urine sample, I was basically told that I obviously am mentally ill still (I guess the records are in their system?), should admit myself to the psych ward, and consider adoption. I was absolutely blown away. They did not do any tests to evaluate the situation and the pain still exists, so I will be getting into the doctor early this week. I obviously refused to admit myself since I'm in no way a threat to myself or anyone else.

My question is, can they seriously use my past mental illness to remove my child from my custody? I really cannot get over how cruelly I was treated due to past health issues. Is there anything I can do to ensure this isn't an issue? I'm now terrified to see my doctor (who is in the same hospital system). I don't want to refuse prenatal care though, but I definitely am in fear. Do I need a lawyer before I give birth?

Quote:

Originally Posted by moiselle

I am 27 years old and am due with my first child in July. Up until two years ago, I was seeking treatment for depression and anxiety. I had been for the previous decade. In September 2006, while under the care of two therapists and a psychiatrist and on meds, I attemtped suicide. After I was released from the hospital, I stopped all treatment. Since then, I have held down the same full time job, went back to college, and live quite well. Ironically, I haven't had any of the same symptoms since stopping therapy and meds.

Over the weekend, I went to the ER for abdominal pain since I am pregnant and wanted to take precautions. Along with sending me home without even taking blood or doing really anything besides evaluating a urine sample, I was basically told that I obviously am mentally ill still (I guess the records are in their system?), should admit myself to the psych ward, and consider adoption. I was absolutely blown away. They did not do any tests to evaluate the situation and the pain still exists, so I will be getting into the doctor early this week. I obviously refused to admit myself since I'm in no way a threat to myself or anyone else.

My question is, can they seriously use my past mental illness to remove my child from my custody? I really cannot get over how cruelly I was treated due to past health issues. Is there anything I can do to ensure this isn't an issue? I'm now terrified to see my doctor (who is in the same hospital system). I don't want to refuse prenatal care though, but I definitely am in fear. Do I need a lawyer before I give birth?

No one can take your child without a hearing - they could attempt a temporary removal but there has to be a hearing to determine whether you are - or are not - mentally ill and unfit. A treated (or treatable) mental illness does NOT preclude you from winning (or maintaining) custody.

Personally I would contact an Attorney to put your mind at ease. I would also express my concerns to my Doctor - if nothing else you might find out why the hospital took the position it took. They may be concerned because you stopped therapy and the meds, afraid you will relapse - but they still need proof.

What is the position of the father of the child in all of this? Hopefully he has an interest - ?

Quote:

Originally Posted by JudyKayTee

No one can take your child without a hearing - they could attempt a temporary removal but there has to be a hearing to determine whether you are - or are not - mentally ill and unfit. A treated (or treatable) mental illness does NOT preclude you from winning (or maintaining) custody.

Personally I would contact an Attorney to put your mind at ease. I would also express my concerns to my Doctor - if nothing else you might find out why the hospital took the position it took. They may be concerned because you stopped therapy and the meds, afraid you will relapse - but they still need proof.

What is the position of the father of the child in all of this? Hopefully he has an interest - ?

I actually live with the father. We are not together, but we are friends and do plan on cohabitating for the foreseeable future (which I also made clear since they tend to be more quick to commit if you live alone... heaven forbid). I stopped therapy and medication because it simply did not work (I tried nearly 40 meds and saw a ton of therapists.. pretty safe to say I tried and it did not work).

I don't think I should go back to living that way... it wasn't working for me and it certainly would not work for a child. From what I gathered from phone calls this morning, I seemed "anxious"... well, yes, I was in intense pain and pregnant and concerned something was wrong. That was their basis for basically trying to bully me into committing myself.

Quote:

Originally Posted by moiselle

I actually live with the father. We are not together, but we are friends and do plan on cohabitating for the foreseeable future (which I also made clear since they tend to be more quick to commit if you live alone... heaven forbid). I stopped therapy and medication because it simply did not work (I tried nearly 40 meds and saw a ton of therapists.. pretty safe to say I tried and it did not work).

I don't think I should go back to living that way... it wasn't working for me and it certainly would not work for a child. From what I gathered from phone calls this morning, I seemed "anxious"... well, yes, I was in intense pain and pregnant and concerned something was wrong. That was their basis for basically trying to bully me into committing myself.

Anxious? They should see me when I'm in pain and I've been sitting in the emergency room for what seems to be half of my life. I go beyond anxious and into hysterical.

You've got to get some people on your side - mental health workers, a legal firm, a Doctor.

Glad to hear the father is supportive and there for you.

It certainly isn't a 100% test but you are more than articulate and together and this is terrible stress to put you through during a pregnancy.

I'd be calling Attorneys -