Q: The mother of my child was in the psychiatric hospital for a month. (She is diagnosed with Schizophrenia and failed to take her medication for 3 months). During which our daughter was in my possession. I filed for full custody when I found out about it. We went to court yesterday and she asked the judge to order me to return the child to her, as she is the custodial parent. The judge reminded her that I had the child for the time she was in the psychiatric hospital. Judge also suggested that she files for a habeas corpus to prove that she was not in the psychiatric hospital and does not have a psychosis.
I am a little worried that judge from the habeas corpus hearing will ask me to return the child back. And the fact that the mother just returned home last week from the psychiatric hospital, she may not be fit to take care of our child.
What do I need to prove that the mother was in the psychiatric hospital? Please note the mother was served in the psychiatric hospital. Any suggestions or advice will be greatly appreciated.
A: David’s answer: Did she deny being in the Hospital? If so, them yes it’s advisable to subpoena the records – bear in mind the Judge will need to “so-order” the subpoena. Schedule a consult with a Bronx Child Custody attorney for a full assessment.