Divorce
High Net Worth Divorce
Protection For Your Children
Domestic Abuse

What is the chance of my losing custody due to prior substance abuse and mental health issues?

Q: Two years ago I won residential custody with joint legal custody. Since then my ex has been digging up dirt to return to court and seek custody change. I’m concerned because 14 years ago I had substance abuse and mental health issues that I got help for. About ten years prior to that, before I even knew my spouse, I had made a suicide attempt and was hospitalized. I’m reasonably certain my ex has gained my treatment records and plans to use them as evidence for a custody change. I have been stable and substance free for many years now. Our children are happy and doing well in school. I have been primary care-taker of our children since January 2008 wherein my ex gave me the responsibility for our children upon our separation at the time. We tried reconciling but the abuse from my ex was not getting better so we fought for custody and a settlement was reached for me as custodian in June 2016 and incorporated in our divorce decree in December 2017. My ex constantly disparages me to our children and has even sent me profanity laden text messages until about three months ago I’m guessing this stopped so I can’t show anything recent regarding abuse. Thank you in advance for your help. 

A: Generally the focus of any modification case is what has transpired since the entry of the last order. Issues which predated the last order are generally irrelevant. Nevertheless, you should keep a careful paper-trail with him. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

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