High Net Worth Divorce
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Domestic Abuse

Can I get custody of my son after I gave him to my aunt due to being sick with schizophrenia?

Q: One day I went to the hospital and I took my son with me and since I didn’t have my cell phone my son was taken into ACS because I didn’t have a way to reach to someone to come get my son in the hospital. I was diagnosed with schizophrenia and ACS was charging me with negligence and they didn’t want to give my son back to me. My family came to NY to help me out my mom wasn’t clear to take my son but my aunt was so they gave her temporary custody of my son. He came out of the foster home and like two months later I gave her full custody of my son because they were still saying that I wasn’t capable of taking care of my son so I gave her the custody. Now I would like to get custody back of my son. Would this be a difficult since they have in their files of my mental illness but since then I haven’t had any mental break down.

A: David’s Answer:
 You would likely need a report from your current therapist opining that you’ve made sufficient progress in treatment to allow you to re-gain custody of your child. The burden is ultimately on you to prove the change of circumstances. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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